alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[931 NE2d 539, 905 NYS2d 555]

#### The People of the State of New York, Respondent, v William Hassell, Appellant.

Decided June 17, 2010

*926APPEARANCES OF COUNSEL

*Center for Appellate Litigation,*New York City *(Mark W. Zeno*and *Robert S. Dean*of counsel), for appellant.

*Cyrus R. Vance, Jr., District Attorney,*New York City *(Matthew C. Williams*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the resentence vacated and the original sentence reinstated.

In November 2002, defendant pleaded guilty to second-degree assault and was promised a sentence of 31⁄2 years imprisonment. Although postrelease supervision (PRS) was discussed during the plea proceeding, Supreme Court did not inform defendant of the specific term of PRS it intended to impose. Moreover, Supreme Court did not pronounce PRS at sentencing. In December 2008—more than nine months after defendant was released from prison—defendant returned to court and Supreme Court, in error, resentenced him, adding a five-year period of PRS. The Double Jeopardy Clause of the Federal Constitution precludes a court from adding PRS to a defendant’s sentence once the defendant has been released from imprisonment *(see People v Williams,*14 NY3d 198, 217 [2010]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
Exhibit 23

Consent of Independent Registered Public Accounting Firm

The Board of Directors

Speedemissions, Inc.

1015 Tyrone Road, Suite 220

Tyrone, Georgia 30290

We consent to the use of our report dated
March 27, 2007, with respect to the consolidated balance sheets of Speedemissions, Inc. and subsidiaries (the Company) as of December 31, 2006 and 2005, and the related consolidated statements of operations, stockholders
equity and cash flows for the years then ended, which are included in the Form 10-KSB/A for the year ended December 31, 2006.



|                                  
|----------------------------------
|/s/ Tauber & Balser, P.C.         
|Tauber & Balser, P.C.             
|Atlanta, Georgia February 22,
2008
##### 



EXHIBIT 12.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
   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 company as of, and for, the periods presented in this report;
 4.
    
    The company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 company 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 company, 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)
    
    Evaluated the effectiveness of the company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; andc)
    
    Disclosed in this report any change in the companys internal control over financial
reporting that occurred during the period covered by the annual report that has materially
affected, or is reasonably likely to materially affect, the companys internal control over
financial reporting; and
 5.
    
    The companys other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the companys auditors and the
audit committee of the company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 companys ability to record, process, summarize and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the companys internal control over financial reporting.
 /s/Louis GriesLouis GriesChief Executive Officer
* Pursuant to 5th Cir. R. 47.5, the court has determined that thisopinion should not be

published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-10425 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. LYNDELL SIMMONS Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:07-CR-81-ALL
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM: * The Federal PublicDefender appointed torepresent Lyndell Simmonshas moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Simmons has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. United States Court of Appeals Fifth Circuit 

### F I L E D January 21, 2009 Charles R. Fulbruge III Clerk
|   |  (1) |   |  The Company’s quarterly report on Form 10-Q for the period ended June 30, 2009 (the “Form 10-Q”) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and |   |
|--------|-----------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|

|   | (2) |   | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. |   |
|--------|-----|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------|--------|

|                       | BISCAYNE ACQUISITION GROUP, INC.(Registrant) |                                                                 |
|----------------------------|----------------------------------------------|----------------------------------------------------------------------|
|                       |                                         |                                                                 |   |
| Date: August 18, 2009 | By:                                          | /s/ Luz M. Weigel                                               |   |
|                       |                                         | Luz M. Weigel                                                        |   |
|                       |                                         | President, Secretary and Treasurer(Principal Executive Officer) |   |
|                       |                                         |                                                                 |   |
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Lilly Ann Rodriguez

, * From the 441st District Court

of Midland County

Trial Court No. CR45948

.

Vs. No. 11

- 1 8

- 00 101

- CR * March 26, 2020

The Sta te of Texas, * Memorandum Opinion by Wright, S.C. J.

(Panel consists of: Bailey, C. J.,

Stretcher , J. , and Wright, S.C.J., sitting

by assignment )

( Willson, J., not participating)

This court has inspected the record in this cause and concludes that there

is no error in the judgment below. Therefore, in accordance with this court ’ s

opinion, the judgment of the trial court is in all things affirmed.
Exhibit
      23.1
 CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM
 We
consent to the incorporation by reference in Registration Statement
No. 333-145918 on Form S-8 of our report dated March 16, 2009,
relating to the consolidated financial statements of Republic Airways
Holdings Inc. and subsidiaries and the effectiveness of Republic Airways
Holdings Inc.’s internal control over financial reporting, (which report
expresses an unqualified opinion and includes explanatory paragraphs referring
to Notes 1 and 12 to the consolidated financial statements that
(i) substantially all revenues are derived from code-share agreements with
US Airways, Inc., Delta Air Lines, Inc., AMR Corp., the parent of
American Airlines, Inc., United Air Lines, Inc., and Continental
Airlines, Inc., and (ii) on January 1, 2007, the Company adopted
the provisions of FASB Interpretation No. 48, Accounting for Uncertainty in Income
Taxes — an Interpretation of FASB Statement No. 109), appearing
in this Annual Report on Form 10-K of Republic Airways Holdings Inc.
for the year ended December 31, 2008.
   /s/
DELOITTE & TOUCHE LLP
 Indianapolis,
Indiana
 March 16,
2009
I 

111TH CONGRESS 

1ST SESSION H. R. 951 

To prohibit the use of funds to transfer enemy combatants detained at 

Naval Station, Guantanamo Bay, Cuba, to facilities in Arizona or to 

build, modify, or enhance any facility in Arizona to house such enemy 

combatants. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. FRANKS of Arizona introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To prohibit the use of funds to transfer enemy combatants 

detained at Naval Station, Guantanamo Bay, Cuba, to 

facilities in Arizona or to build, modify, or enhance any 

facility in Arizona to house such enemy combatants. 

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

mstockstill on PROD1PC66 with BILLS

2 

•HR 951 IH

1 SECTION 1. PROHIBITION ON USE OF FUNDS TO TRANSFER 

2 ENEMY COMBATANTS DETAINED AT NAVAL 

3 STATION, GUANTANAMO BAY, CUBA, TO FA4 CILITIES IN ARIZONA. 

5 None of the funds appropriated or otherwise made 

6 available to any Federal department or agency may be 

7 used to— 

8 (1) transfer any enemy combatant detained by 

9 the United States at Naval Station, Guantanamo 

10 Bay, Cuba, to any military or prison installation lo11 cated in the State of Arizona; or 

12 (2) build, modify, or enhance any facility in the 

13 State of Arizona for the purpose of housing any 

14 such enemy combatant. 

Æ 

mstockstill on PROD1PC66 with BILLS
EXHIBIT 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER

PURSUANT
TO 18 U.S.C. SECTION 1350



In connection with the Form 10-KSB
of Millennium Bankshares Corporation for the year ended December 31, 2003, I, Carroll C. Markley, Chairman and Chief Executive Officer of Millennium Bankshares Corporation, hereby certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



(a) such Form 10-KSB for the year ended December 31, 2003, fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, as amended; and



(b) the information contained in such Form 10-KSB for the year ended December 31, 2003, fairly presents, in all material
respects, the consolidated financial condition and results of Millennium Bankshares Corporation and its subsidiaries as of, and for, the periods presented in such Form 10-KSB.





|    |  |                                                         |  |  |  |       |  |               
|--- |  | ------------------------------------------------------- |  |  |  | ----- |  | --------------
|By: |  | /s/    Carroll C. Markley                               |  |  |  | Date: |  | March 18, 2004
|    |  | Carroll C. Markley Chairman and Chief Executive Officer |  |  |  |       |  |               







A signed original of this written statement required by Section 906 has been provided to
Millennium Bankshares Corporation and will be retained by Millennium Bankshares Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 15**

 

To the General Partner and Unitholders

OSG America L.P.

 

We are aware of theincorporation by reference in the Registration Statement (Form S-8 No. 333-147290)of OSG America L.P. of our report dated August 1, 2008 relating to theunaudited condensed consolidated interim financial statements of OSG AmericaL.P. that are included in its Form 10-Q for the quarter ended June 30,2008. Pursuant to Rule 436(c) of the Securities Act of 1933, ourreport is not part of a registration statement prepared or certified byaccountants within the meaning of Section 7 or 11 of the Securities Act of1933.

 

 

**ERNST & YOUNG LLP**

 

Tampa, Florida

August 1, 2008

 

1

----
Exhibit 13.2

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, the undersigned officer of Nidec Corporation (the Company) hereby certifies, to such officers knowledge, that the Companys annual report on Form 20-F/A for the year ended March 31, 2008 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated:  December 24, 2008

/s/   Yasunobu ToriyamaYasunobu Toriyama
Executive Vice President, Chief Financial and Accounting Officer and Director
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet as of August 31, 1998 and the statement of income for the period ended
August 31, 1998 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<CIK>                           0000932092
<NAME>                          ILM II Lease Corporation
<MULTIPLIER>                                     1,000
<CURRENCY>                                         USD
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-END>                               AUG-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           1,497
<SECURITIES>                                         0
<RECEIVABLES>                                      399
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,896
<PP&E>                                             783
<DEPRECIATION>                                     225
<TOTAL-ASSETS>                                   2,733
<CURRENT-LIABILITIES>                            1,960
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            52
<OTHER-SE>                                         645
<TOTAL-LIABILITY-AND-EQUITY>                     2,733
<SALES>                                         15,481
<TOTAL-REVENUES>                                15,524
<CGS>                                                0
<TOTAL-COSTS>                                   15,560
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    (36)
<INCOME-TAX>                                       (14)
<INCOME-CONTINUING>                                (22)
<DISCONTINUED>                                       0
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<NET-INCOME>                                       (22)
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>
I 

111TH CONGRESS 

1ST SESSION H. R. 93 

To extend the supplemental security income benefits program to Guam and 

the United States Virgin Islands. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mrs. CHRISTENSEN (for herself, Ms. BORDALLO, and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To extend the supplemental security income benefits program 

to Guam and the United States Virgin Islands. 

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

3 SECTION 1. EXTENSION OF THE SUPPLEMENTAL SECURITY 

4 INCOME BENEFITS PROGRAM TO GUAM AND 

5 THE UNITED STATES VIRGIN ISLANDS. 

6 (a) IN GENERAL.—Section 1101(a)(1) of the Social 

7 Security Act (42 U.S.C. 1301(a)(1)) is amended by strik8 ing ‘‘, the Virgin Islands, and Guam’’ each place such 

9 term appears. 

10 (b) CONFORMING AMENDMENTS.— 


wwoods2 on PRODPC68 with BILLS
2 

•HR 93 IH

1 (1) Section 303(b) of the Social Security 

2 Amendments of 1972 (86 Stat. 1484) is amended by 

3 striking ‘‘, Guam, and the Virgin Islands’’. 

4 (2) Sections 3(a)(2), 1003(a)(2), 1403(a)(2), 

5 and 1603(a)(2) of such Act (42 U.S.C. 303(a)(2), 

6 1203(a)(2), 1353(a)(2), and 1383 note) are each 

7 amended by striking ‘‘, the Virgin Islands, and 

8 Guam’’. 

9 (3) Section 1614(e) of such Act (42 U.S.C. 

10 1382c(e)) is amended by striking ‘‘and the District 

11 of Columbia’’ and inserting ‘‘, the District of Colum12 bia, the Virgin Islands, and Guam’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the 1st day of the 3rd 

15 calendar month that begins after the date of the enact16 ment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS
EXHIBIT
31.2








Certification
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002








I, Neil
Bernstein, Chief Financial Officer, certify that:





1)   I
have reviewed this report on Form 10-QSB of Data Storage Consulting Services,
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 small business issuer as
of, and for, the periods presented in this report;





4)   The
small business issuer'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 small business issuer and we
have:





a)   Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure the material
information relating to the small business issuer, 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)   Evaluated
the effectiveness of the small business issuer'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;





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





5)   The
small business issuer's other certifying officer (s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the small business issuer's auditors and the audit committee of the small
business issuer'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 small business issuer'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 small business issuer's internal controls over
financial reporting.




By:
              /s/ Neil
      BernsteinNeil
      Bernstein
                  Chief
      Financial OfficerDate: May 14, 2008
<PAGE>

                                                                    EXHIBIT 23.1

                          INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements Nos.
33-87916, 33-88506, 33-88508, 33-88510, 333-08939, 333-31793, 333-52255,
333-71075, 333-75569, 333-78703, 333-78705, 333-82597, 333-84597, 333-85475,
333-90299, 333-92487, 333-45024, 333-56560, 333-73750, 333-101636 and 333-107267
of RSA Security Inc. (the "Company") on Forms S-8 and Registration Statement
Nos. 333-49949, 333-73460 and 333-65210 of the Company on Form S-3 of our report
dated March 4, 2004 (the report on the consolidated financial statements
expressing an unqualified opinion which contains an emphasis of matter paragraph
relating to the adoption of Statement of Financial Accounting Standards No.
142), appearing in this Annual Report on Form 10-K of the Company for the year
ended December 31, 2003.

/s/ DELOITTE & TOUCHE LLP

Boston, Massachusetts
March 4, 2004
**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 Beauty Brands Group, Inc., a Florida
      corporation (the “Company”), on Form 10-QSB for the quarterly period ending
      September 30, 2007 as filed with the Securities and Exchange Commission (the
      “Report”), I, Dan Kelly, the Principal Financial Officer of the Company,
      certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
      Section 1350), 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 (15 U.S.C. 78m or 78o(d)); and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.










Date:
      November 19,
      2007                                                    /s/ Dan
      Kelly


Dan
      Kelly, Principal Financial
      Officer