alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Edwin Roman, Appellant.

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Pesce, J.), rendered July 24, 1987, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing an indeterminate term of 2ló to 7 years imprisonment upon his previous conviction of attempted burglary in the second degree.

Ordered that the amended judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the amended sentence imposed; as so modified, the amended judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

Absent the imposition of the minimum sentence *(People v Navarro,*91 AD2d 618) or a bargained sentence and express waiver *(People v Dowdell,*72 AD2d 622; *People ex rel. Seaman v Warden,*53 AD2d 848), a court imposing a sentence of imprisonment upon finding that the defendant violated the terms of probation must obtain and consider an updated presentence report *(see,*CPL 390.20 [1]; *People v Jackson,*106 AD2d 93; *People v Hayes,*101 AD2d 893). Although a violation packet prepared by the Probation Department may suffice as the functional equivalent of an updated report, provided it informs the court of all " 'relevant changes which may have occurred since preparation of the original presentencing report’ ” *(People v Jackson, supra,*at 98, quoting from *People v Halaby,*77 AD2d 717, 718), the record on this appeal lacks an express indication that such a packet was in fact before the court or that the court considered it. Consequently, the amended sentence of a term of imprisonment must be reversed *(see, People v Jackson, supra).*

Furthermore, the court erred in failing to ask the defendant as required by CPL 380.50 whether he wished to make a *595statement in his own behalf prior to resentencing him *(see, People v Schiavone,*42 AD2d 738). Although this error was not preserved for appellate review *(see, People v Green, 54*NY2d 878; *People v Regan,*88 AD2d 664), under the circumstances of this case, we have exercised our discretionary power to review that error in the interest of justice.

Accordingly, the matter is remitted to the Supreme Court for the purpose of resentencing the defendant based upon an updated presentence report and after compliance with CPL 380.50. Since our decision will require that the defendant be resentenced, we do not reach the issue of whether the imposition of an indeterminate term of *2Vs*to 7 years’ imprisonment was excessive *(see, People v Halaby,*77 AD2d 717, *supra).*

We have reviewed the defendant’s remaining contentions and find them to be without merit. Lawrence, J. P., Kunzeman, Rubin and Hooper, JJ., concur.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         167,000
<SECURITIES>                                         0
<RECEIVABLES>                                  202,700
<ALLOWANCES>                                   (4,300)
<INVENTORY>                                    136,200
<CURRENT-ASSETS>                               739,900
<PP&E>                                       1,547,200
<DEPRECIATION>                               (927,800)
<TOTAL-ASSETS>                               2,464,000
<CURRENT-LIABILITIES>                          734,800
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<TOTAL-LIABILITY-AND-EQUITY>                 2,464,000
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<CGS>                                          433,900
<TOTAL-COSTS>                                  671,500
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,200
<INCOME-PRETAX>                                 91,800
<INCOME-TAX>                                    33,000
<INCOME-CONTINUING>                             58,800
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    58,800
<EPS-BASIC>                                       0.87
<EPS-DILUTED>                                     0.85



</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                              9-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-START>                             JUN-01-1998
<PERIOD-END>                               FEB-28-1999
<CASH>                                         440,315
<SECURITIES>                                         0
<RECEIVABLES>                                  643,411
<ALLOWANCES>                                         0
<INVENTORY>                                    184,994
<CURRENT-ASSETS>                             1,384,857
<PP&E>                                         444,377
<DEPRECIATION>                               (341,178)
<TOTAL-ASSETS>                               1,960,442
<CURRENT-LIABILITIES>                        3,145,279
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,777
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,960,442
<SALES>                                      6,028,324
<TOTAL-REVENUES>                             6,028,324
<CGS>                                        3,234,381
<TOTAL-COSTS>                                3,234,381
<OTHER-EXPENSES>                             1,586,521
<LOSS-PROVISION>                             1,207,422
<INTEREST-EXPENSE>                              11,034
<INCOME-PRETAX>                              1,215,135
<INCOME-TAX>                                    54,883
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,160,252
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.14
        

</TABLE>
# CE2010087EN.01034001.xml

| 1.4.2010 | EN | Official Journal of the European Union | CE 87/340 |
| --- | --- | --- | --- |

1.4.2010

EN

Official Journal of the European Union

CE 87/340

---

Wednesday 11 March 2009Community vessel traffic monitoring and information system ***III

P6_TA(2009)0108

European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system (PE-CONS 3722/2008 – C6-0045/2009 – 2005/0239(COD))

2010/C 87 E/56

(Codecision procedure: third reading)

The European Parliament,

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3722/2008 – C6-0045/2009),

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0589),

1

having regard to its position at second reading (2) on the Council common position (3),

2

3

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0829),

having regard to Article 251(5) of the EC Treaty,

having regard to Rule 65 of its Rules of Procedure,

having regard to the report of its delegation to the Conciliation Committee (A6-0100/2009),

| 1. | Approves the joint text; |
| --- | --- |

1.

Approves the joint text;

| 2. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

2.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 3. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

3.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

Official Journal of the European Union

| 4. | Instructs its President to forward this legislative resolution to the Council and Commission. |
| --- | --- |

4.

Instructs its President to forward this legislative resolution to the Council and Commission.

---

(1)  OJ C 74 E, 20.3.2008, p. 533.

1

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0443.

2

(3)  OJ C 184 E, 22.7.2008, p. 1.

3

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 837 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 837

_______________________________________________________________________

                                 AN ACT

 
 To designate the Federal building located at 799 United Nations Plaza 
 in New York, New York, as the ``Ronald H. Brown United States Mission 
                   to the United Nations Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The Federal building located at 799 United Nations Plaza in New 
York, New York, shall be known and designated as the ``Ronald H. Brown 
United States Mission to the United Nations Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Ronald H. Brown 
United States Mission to the United Nations Building''.

            Passed the House of Representatives March 10, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 837

_______________________________________________________________________

                                 AN ACT

 To designate the Federal building located at 799 United Nations Plaza 
 in New York, New York, as the ``Ronald H. Brown United States Mission 
                   to the United Nations Building''.
```
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of RAIT Financial Trust (the Company) on Form 10-Q for the quarterly period ended March 31, 2010
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Scott F. Schaeffer, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and
|-- | -------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/    Scott F. Schaeffer            
|Scott F. Schaeffer                   
|Chief Executive Officer and President
|Date: May 7, 2010
I 

111TH CONGRESS 

1ST SESSION H. R. 817 

To prohibit the use of funds to transfer individuals detained at Naval Station, 

Guantanamo Bay, Cuba, to facilities in Georgia or to house such individuals at such facilities. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. GINGREY of Georgia (for himself, Mr. DEAL of Georgia, Mr. KINGSTON, 

Mr. LINDER, Mr. PRICE of Georgia, Mr. WESTMORELAND, and Mr. 

BROUN of Georgia) introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To prohibit the use of funds to transfer individuals detained 

at Naval Station, Guantanamo Bay, Cuba, to facilities 

in Georgia or to house such individuals at such facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITION ON USE OF FUNDS TO TRANSFER 

4 INDIVIDUALS DETAINED AT NAVAL STATION, 

5 GUANTANAMO BAY, CUBA, TO FACILITIES IN 

6 GEORGIA. 

7 None of the funds appropriated or otherwise made 

8 available to any Federal department or agency may be 


rfrederick on PROD1PC67 with BILLS
2 

•HR 817 IH

1 used to transfer any individual detained by the United 

2 States at Naval Station, Guantanamo Bay, Cuba, to any 

3 military installation located in the State of Georgia or any 

4 Federal detention center located in the State of Georgia 

5 or to house any such individual at such an installation or 

6 detention center. 

Æ 


rfrederick on PROD1PC67 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from
Morgan Stanley Dean Witter Spectrum Commodity L.P. and is qualified in its
entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                      22,110,122
<SECURITIES>                                         0
<RECEIVABLES>                                  365,963<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              22,129,389<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                22,129,389<F3>
<SALES>                                              0
<TOTAL-REVENUES>                               972,861<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               806,821
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                166,040
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            166,040
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   166,040
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Receivables include interest receivable of $85,599, and subscriptions
receivable of $280,364.
<F2>In addition to cash and receivables, total assets include net
unrealized loss on open contracts of $346,696.
<F3>Liabilities include redemptions payable of $230,907, accrued
brokerage fees of $83,982 and accrued management fees of $45,642.
<F4>Total revenues include realized trading revenue of $1,344,767,
net change in unrealized of $(889,124) and interest income of $517,218.
</FN>



</TABLE>
Case 1:07-cv-05738-PKC-AJP Document 2 Filed 06/15/2007 Page 1 of 2
Case 1:07-cv-05738-PKC-AJP Document 2 Filed 06/15/2007 Page 2 of 2
Case 1:07-cv-04506-AKH     Document 6      Filed 09/06/2007     Page 1 of 2

Case 1:07-cv-04506-AKH     Document 6      Filed 09/06/2007     Page 2 of 2
#### The People of the State of New York, Respondent, v John Lopez, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Curci, J.), rendered May 14, 1985, convicting him of criminal sale of a controlled substance in the first degree (two counts) and criminal sale of q controlled substance in the second degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence adduced at trial fails to support the asserted defense that the defendant was working for the police when he sold cocaine to undercover officers. Accordingly, the court’s refusal to charge the jury on the defense of agency was not error *(see, People v Watts,*57 NY2d 299, 301).

Upon our review of the trial record, we also reject the defendant’s contention that he was deprived of a fair trial by *746the conduct of the Trial Judge and of the prosecutor. The court’s criticism of counsel was evenhanded, defense counsel was afforded extensive leeway in presenting evidence, and the court gave many curative instructions to the jury designed to prevent any unfairness or undue prejudice. These instructions in many instances not only prevented unfairness but were beneficial to the defendant.

We are further unpersuaded by the defendant’s argument in his *pro se*brief that his sentence was unduly harsh and excessive. His plea for leniency on the ground that he is a drug addict and a low-level street dealer selling drugs only to support his own habit is belied by his conviction in this case for selling a total of more than two pounds of cocaine.

We have reviewed the defendant’s remaining contentions, including those raised in his supplemental *pro se*brief, and find them to be without merit. Mangano, J. P., Thompson, Brown and Sullivan, JJ., concur.
<PAGE>

                                                                      EXHIBIT 15
                                                                      ----------



May 15, 2001

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Commissioners:

We are aware that our report dated May 15, 2001 on our review of interim
financial information of W. R. Grace & Co., (the "Company") as of and for the
period ended March 31, 2001, and included in the Company's Quarterly Report on
Form 10-Q for the quarter then ended, is incorporated by reference in its
Registration Statements on Form S-8 (Nos. 333-37024, 333-49083, 333-49507,
333-49509, 333-49511, 333-49513, 333-49515, 333-49517, 333-49703, and
333-49705).


Very truly yours,

/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
Baltimore, Maryland
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6418 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6418

 To amend the Farm Security and Rural Investment Act of 2002 to extend 
   the suspension of the limitation on the period for which certain 
           borrowers are eligible for guaranteed assistance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2010

 Mr. Boswell (for himself, Mr. Conaway, Mr. Loebsack, and Mr. Latham) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL

 
 To amend the Farm Security and Rural Investment Act of 2002 to extend 
   the suspension of the limitation on the period for which certain 
           borrowers are eligible for guaranteed assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE 
              ELIGIBLE FOR GUARANTEED ASSISTANCE.

    Section 5102 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 1949 note; Public Law 107-171) is amended by striking 
``December 31, 2010'' and inserting ``December 31, 2012''.
                                 <all>
```
#### HALLIDAY, Respondent, v. NICHOLS et al., Appellants.

(City Court of New York, General Term.

June 20, 1894.)

Appeal from trial term. Action by William Halliday against Harry I. Nichols and others. Baldwin & Boston, for appellants. William M. Safford, for respondent

NEWBURGER, J.

This is an appeal from a judgment in favor of the plaintiff against the defendants, •entered on a verdict of a jury, and also from an order denying a motion for a new trial. The complaint alleges that the defendants had converted to their own use the sum of $693.50. The answer of the defendants denied the deposit of the moneys with the defendants, except with the defendant H. I. Nichols; and, further, that the deposit consisted of a check of no particular value. The demand and refusal to deliver to plaintiff the money were not denied. The answer further alleged that one O’Con-nor deposited with the defendant H. I. Nichols a certain check of said O’Connor, and requested and authorized the said H. I. Nichols to deliver the same to the plaintiff in case and only upon condition of the consolidation of certain western railroads, and on the further condition that certain bonds were issued by the consolidated companies, and in case of said conditions, or either of them, failing of fulfillment on or before the 15th day of July, 1893, then the said check was to be returned to said O’Connor; that the consolidations were not effected on or before the said 15th day of July, 1893, and the said bonds were not issued on or before the said 15th day of July, 18J3. On the trial, plaintiff offered in evidence certain exhibits, in which the defendants acknowledged the receipt of the sum of $693.50, to be held by them until the 15th day of July, 1893, and which moneys were paid to plaintiff, conditioned upon the consolidation and issue of bonds in accordance with the terms of proxy. The evidence clearly shows that the plaintiff complied with .all the conditions so far as he was required to do. It is claimed, however, by defendants, that the consolidation and issue of bonds did not take place on or before the 15th day of July, and therefore one of the conditions under which the money was held by defendants was not complied with. The deposition of the general counsel for the railroads, offered and read in evidence, shows that the consolidated road, by the proper meeting of its stockholders, on the 13th day of July, authorized the consolidation of the roads and the issuance of the bonds. The evidence clearly shows that the defendants received the moneys, and that the plaintiff was entitled to receive the same. A careful examination of the case fails to disclose any errors on the trial that would warrant us in disturbing the judgment. Judgment affirmed, with costs.