alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v *868Jonathan Pratt, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fisher, J.), rendered June 23, 1987, convicting him of criminal possession of a controlled substance in the third degree and criminal use of drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, we perceive no grounds for reversal with respect to the court’s omission of a circumstantial evidence charge. The defendant’s failure to object to the omission of that charge waives his present claim *(see, People v Whalen,*59 NY2d 273). The record clearly indicates that the defendant failed to object to the omission of a circumstantial evidence charge when the court inquired if counsel had any requests or objections after its main charge to the jury and again after each of the two times it issued supplemental instructions to the jury.

In any event, the court’s charge on constructive possession and on the statutory presumption of possession *(see,*Penal Law § 220.25 [2])—which were the theories under which the defendant was tried and convicted—provided the jury with the proper standard with which to evaluate the evidence in this case *(see, People v Gonzalez,*54 NY2d 729).

The sentence imposed by the trial court was not excessive *(see, People v Suitte,*90 AD2d 80). Lawrence, J. P., Kunzeman, Rubin and Kooper, JJ., concur.
Case 1:07-cv-05304-AKH Document 33 Filed 04/01/2008 Page 1 of 3Case 1:07-cv-05304-AKH Document 33 Filed 04/01/2008 Page 2 of 3Case 1:07-cv-05304-AKH Document 33 Filed 04/01/2008 Page 3 of 3
Case 1:07-cv-04517-AKH Document 27 Filed 02/06/2008 Page 1 of 3Case 1:07-cv-04517-AKH Document 27 Filed 02/06/2008 Page 2 of 3Case 1:07-cv-04517-AKH Document 27 Filed 02/06/2008 Page 3 of 3
Case 1:07-cv-05308-AKH     Document 39      Filed 07/01/2008     Page 1 of 3

Case 1:07-cv-05308-AKH     Document 39      Filed 07/01/2008     Page 2 of 3

Case 1:07-cv-05308-AKH     Document 39      Filed 07/01/2008     Page 3 of 3
[Exhibit 32.2]

                    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 Annual Report of Med Gen, Inc. (the
"Company") on Form 10-QSB for the period ended March 31st, 2008,
as filed with the Securities and Exchange Commission on the date
hereof (the "Report'), I, Jack Chien, Chief Financial Officer 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) 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 result of
operations of the Company.

May 7th, 2008                     /s/ Jack Chien
                                 -----------------------
                                 Jack Chien
                                 Chief Financial Officer
ABCDEFGHIJKLMNOPQRSTUVWXYZClear

Clear All

-  Vice Adm. John GumbletonDeputy Commander, U.S. Fleet Forces Command 

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<PAGE>
                                                                    Exhibit 99.1


                            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 ImageMax, Inc. (the "Company") on
Form 10-Q for the period ending March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Mark P. Glassman,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:


         (1) The Report fully complies with the requirements of section 13(a) or
         15(d) 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 result of operations of
         the Company as of March 31, 2003 (the last date of the period covered
         by the Report).


A signed original of this written statement required by Section 906 has been
provided to ImageMax, Inc. and will be retained by ImageMax, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.


Mark P. Glassman
-----------------------
Mark P. Glassman
Chief Executive Officer
May 15, 2003
Case 1:07-cv-05776-RJH Document 10 Filed 11/14/2007 Page 1 of 1
Case 1:07-cv-01667-AKH Document 20 Filed 12/05/2007 Page 1 of 3
Case 1:07-cv-01667-AKH Document 20 Filed 12/05/2007 Page 2 of 3
Case 1:07-cv-01667-AKH Document 20 Filed 12/05/2007 Page 3 of 3
Case 1:07-cv-05298-AKH Document 14 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-05298-AKH Document 14 Filed 03/17/2008 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
Balance Sheet, Statement of Operations, Statements of Cash Flows
and Notes to thereto incorporated in this form 10-QSB and is qualified
in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000             SEP-30-2000
<PERIOD-END>                               MAR-31-2000             MAR-31-2000
<CASH>                                          76,669                  76,669
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  175,373                 175,373
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     48,438                  48,438
<CURRENT-ASSETS>                               102,410                 102,410
<PP&E>                                               0                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 402,890                 402,890
<CURRENT-LIABILITIES>                          347,733                 347,733
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         3,357                   3,357
<OTHER-SE>                                     195,378                 195,378
<TOTAL-LIABILITY-AND-EQUITY>                   543,111                 543,111
<SALES>                                        377,909                 885,325
<TOTAL-REVENUES>                               377,909                 885,325
<CGS>                                           86,382                 248,887
<TOTAL-COSTS>                                   86,382                 248,887
<OTHER-EXPENSES>                               261,457                 570,432
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 30,070                  66,006
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    30,070                  66,006
<EPS-BASIC>                                        .01                     .02
<EPS-DILUTED>                                      .01                     .02


</TABLE>
EXHIBIT 32.2

    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 Annual Report of PASSUR Aerospace, Inc. (the "Company")
on Form 10-K for the fiscal year ended October 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
P. Devaney, Chief Financial Officer 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, to my knowledge:

     (1)  The Report fully complies with the requirements of section 13(a) or
          15(d) 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.

                                           By:    /s/ Jeffrey P. Devaney
                                                 -------------------------
                                                  Jeffrey P. Devaney
                                                  Chief Financial Officer
                                                  January 31, 2011
Case 1:07-cv-05389-AKH Document 6-5 Filed 08/08/2007 Page 1 of 2
Case 1:07-cv-05389-AKH Document 6-5 Filed 08/08/2007 Page 2 of 2
(105 So. 721)

#### Ex parte James M. HOWARD, Jr.

(4 Div. 239.)

(Supreme Court of Alabama.

Oct. 15, 1925.)

Certiorari to Court of Appeals.

Baldwin & Murphy, of Andalusia, for petitioner.

Harwell G. Davis, Atty. Gen., opposed.

MILLER, J.

Petition of James M. Howard, Jr., for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Howard et al. v. State, 105 So. 721.

Writ denied.

ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur.
Case 1:07-cv-01668-AKH Document 13 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-01668-AKH Document 13 Filed 03/17/2008 Page 2 of 2
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 Annual Report of Baylake Corp. (the Company) on Form 10-K for the fiscal year
ended December 31, 2006 as filed with the Securities and Exchange Commission on or about the date hereof (the Report), I, Thomas L. Herlache, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as
adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) 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/ Thomas L. Herlache              
|Thomas L. Herlache                  
|Chairman and Chief Executive Officer
|March 14, 2007                      

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Baylake Corp. and will be retained by Baylake Corp. and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE>                     5

<MULTIPLIER>                         1000
<CURRENCY>                   U.S. Dollars
       
<S>                                  <C>              <C>
<PERIOD-TYPE>                        12-MOS            9-MOS        
<FISCAL-YEAR-END>                    MAR-31-1997       MAR-31-1998
<PERIOD-START>                       APR-01-1996       APR-01-1997
<PERIOD-END>                         MAR-31-1997       DEC-31-1997
<EXCHANGE-RATE>                                1                 1
<CASH>                                       516            16,709
<SECURITIES>                                   0                 0
<RECEIVABLES>                              1,270             1,495
<ALLOWANCES>                                  35               100
<INVENTORY>                                2,584             3,319
<CURRENT-ASSETS>                           4,410            21,575
<PP&E>                                     1,066             1,797
<DEPRECIATION>                               218               302
<TOTAL-ASSETS>                             5,406            23,456
<CURRENT-LIABILITIES>                      2,198             2,949
<BONDS>                                      182                 0
<PREFERRED-MANDATORY>                          0                 0
<PREFERRED>                                    0                 0
<COMMON>                                      91                 6
<OTHER-SE>                                 2,934            20,502
<TOTAL-LIABILITY-AND-EQUITY>               5,406            23,456
<SALES>                                   17,278            22,016
<TOTAL-REVENUES>                          17,278            22,016
<CGS>                                      9,566            12,078
<TOTAL-COSTS>                              9,566            12,078
<OTHER-EXPENSES>                           4,895             5,029
<LOSS-PROVISION>                               0                 0
<INTEREST-EXPENSE>                            73                46
<INCOME-PRETAX>                            2,849             4,977
<INCOME-TAX>                                 577             1,273
<INCOME-CONTINUING>                        2,273             3,704
<DISCONTINUED>                                 0                 0
<EXTRAORDINARY>                                0                 0
<CHANGES>                                      0                 0
<NET-INCOME>                               2,273             3,704
<EPS-PRIMARY>                                .41               .71
<EPS-DILUTED>                                .41               .71
        


</TABLE>
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

512 KA 10-01151 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GREEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

GREGORY J. THOMPSON, DEFENDANT-APPELLANT.

PATRICIA M. MCGRATH, LOCKPORT, FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered April 19, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a forged instrument in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a forged instrument in the second degree (Penal Law §§ 110.00, 170.25). We reject defendant’s contention that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently entered ( see People v Lopez , 6 NY3d 248, 256). County Court “ ‘expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea’ ” ( People v Porter , 55 AD3d 1313, lv denied 11 NY3d 899). Although the further contention of defendant that his guilty plea was not knowingly and voluntarily entered survives his valid waiver of the right to appeal ( see People v Bland , 27 AD3d 1052, 1052-1053, lv denied 6 NY3d 892), defendant failed to preserve his contention for our review by failing to move to withdraw his plea or to vacate the judgment of conviction ( see People v Smith , 48 AD3d 1171, lv denied 10 NY3d 964; Bland , 27 AD3d at 1052- 1053). This case does not fall within the narrow exception to the preservation doctrine ( see People v Lopez , 71 NY2d 662, 666; Smith , 48 AD3d at 1171).

Defendant failed to preserve for our review his further contention concerning the failure to comply with the procedural requirements set forth in CPL 400.21 ( see People v Pellegrino , 60 NY2d 636, 637; People v Vega , 49 AD3d 1185, 1186, lv denied 10 NY3d 965). In any event, defendant waived strict compliance with the statute by-2- 512 KA 10-01151
admitting his commission of the prior felony conviction in open court ( see Vega , 49 AD3d at 1186; People v Harris , 233 AD2d 959, lv denied 89 NY2d 1094).

We have reviewed defendant’s remaining contentions and conclude that they are without merit.

Entered: April 29, 2011 Patricia L. Morgan Clerk of the Court
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Clifford K. Bown, certify, based upon a review of the Quarterly Report on Form 10-Q for VASCO Data Security International, Inc. for the quarter ended on March 31, 2011, that to the best of my knowledge:



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



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



|                                                    
|----------------------------------------------------
|                                                    
|/s/ Clifford K. Bown                                
|Clifford K. Bown                                    
|Executive Vice President and Chief Financial
Officer
|May 6, 2011
Exhibit 32.2

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 Annual Report of Baylake Corp. (the Company) on Form 10-K
for the fiscal year ended December 31, 2009 as filed with the Securities and
Exchange Commission on or about the date hereof (the Report), I, Kevin L.
LaLuzerne, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:

| |     |                                                                                                                                                       
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) | The
 Report fully complies with the requirements of Section 13(a) or 15(d) 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/Kevin L. LaLuzerne                              | 
|                                                   | 
|Kevin L. LaLuzerne                                
|Senior Vice President and
 Chief Financial Officer
|March 15, 2010                                    

A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Baylake Corp. and will
be retained by Baylake Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.

|  
|--
|91

---
[Exhibit 31.1]

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13a-14(a)/
RULE 15d-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED

I, Paul B. Kravitz, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB/A of Med Gen, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared;

b) [Not applicable]

c) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

d) Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial
reporting; and

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of the registrant's board
of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control
over financial reporting.



Date: February 17, 2006

                                       /s/ PAUL B. KRAVITZ
                                       ---------------------------------
                                       Paul B. Kravitz
                                       Chief Executive Officer