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

[874 NYS2d 118]

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered March 16, 2007, convicting defendant, after a jury trial, of robbery in the second and third degrees, grand larceny in the third degree and grand larceny in the fourth degree (three counts), and sentencing him, as a persistent violent felony offender, to an aggregate term of 16 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. The element of force required for the robbery convictions was established by evidence that defendant, after stealing several items from a store, engaged in pushing, fighting and kicking in an effort to defeat two store employees’ efforts to recover the property. Since defendant was in possession of the stolen property while he was engaged in such use of force and never discarded or even sought *448to relinquish it, the evidence supports the inference that his purpose in using force was to retain control of the property and not merely to escape or defend himself *(see e.g. People v Brandley,*254 AD2d 185 [1998], *lv denied*92 NY2d 1028 [1998]). Force employed by a thief to repel force initiated by a victim to prevent the thief from retaining the stolen property is still force within the meaning of Penal Law § 160.00 (1).

The court properly denied defendant’s request to submit to the jury robbery in the third degree as a lesser included offense of robbery in the second degree with respect to one of the employees. Given the nature of the wounds inflicted, which included bloody cuts, abrasions and a bite wound, the fact that the employee received medical treatment including stitches, and the employee’s testimony that he was unable to write for several days and felt pain for a week or two after the incident, there was no reasonable view of the evidence, viewed most favorably to defendant, that he committed the robbery but did not cause the employee physical injury within the meaning of Penal Law § 10.00 (9) *(see People v Beasley,*238 AD2d 433 [1997], *lv denied*90 NY2d 938 [1997]). In determining whether the evidence warranted submission of the lesser included offense, “[o]ur inquiry is not directed at whether persuasive evidence of guilt of the greater crime exists, as it does here, but whether, under any reasonable view of the evidence, it is possible for the trier of facts to acquit defendant on the higher count and still find him guilty of the lesser one.” *(People v Van Norstrand,*85 NY2d 131, 136 [1995].) Here, the evidence was not merely persuasive that the employee sustained physical injury; the jury had no rational basis upon which to conclude that the injuries were merely “petty slaps, shoves, kicks and the like” *(Matter of Philip A.,*49 NY2d 198, 200 [1980]) that did not satisfy the statutory definition *(People v Chiddick,*8 NY3d 445 [2007]). Concur—Tom, J.P., Friedman, Gonzalez, Sweeny and McGuire, JJ.
##### 



Exhibit 13.1  CERTIFICATION
    OF CARLO BOZOTTI, PRESIDENT AND CHIEF EXECUTIVE OFFICER
    OF STMICROELECTRONICS N.V. AND CARLO FERRO, EXECUTIVE VICE
    PRESIDENT
    AND CHIEF FINANCIAL OFFICER OF STMICROELECTRONICS N.V.,
    PURSUANT TO SECTION 18 U.S.C. SECTION 1350, AS
    ADOPTED PURSUANT TO
    SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  Form 20-F
  1.
    The Report fully complies with the requirements of
    Section 13(a) of the Securities Exchange Act of
    1934; and2.
    The information contained in the Report fairly presents, in all
    material respects, the financial condition and results of
    operations of the Company.  By:
    /s/  Carlo
    Bozotti  Name:  Carlo Bozotti
 Title:
    President and Chief Executive Officer   By:
    /s/  Carlo
    Ferro  Name:  Carlo Ferro
 Title:
    Executive Vice President and Chief Financial
 Officer
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Exhibit 10.5  


 
  RESTAURANT ACQUISITION PARTNERS, INC.    
    


                 ,
2005 


Restaurant
Acquisition Partners, Inc.

5950 Hazeltine National Drive, Suite 290

Orlando, Florida 32822

Attn: Christopher R. Thomas, Chief Executive Officer and President 


Ladies
and Gentlemen: 


        This
letter will confirm our agreement that, commencing on the effective date ("Effective Date") of the registration statement for the
initial public offering ("IPO") of the securities of Restaurant Acquisition Partners, Inc. (the
"Company") and continuing until the consummation by the Company of a business combination (as described in the Company's IPO prospectus), Pacific Ocean
Restaurants, Inc. ("Pacific Ocean") or its affiliates shall make available to the Company certain limited administrative, technology and secretarial services, as well as the use of certain
limited office space, as may be required by the Company from time to time, situated at 5950 Hazeltine National Drive, Suite 290 Orlando, Florida 32822 (or any successor location). In exchange
therefor, the Company shall pay Pacific Ocean the sum of $7,500 per month on the Effective Date and continuing monthly thereafter until the consummation of a business combination. 



	 	 	Very truly yours,
	

 	
 	
PACIFIC OCEAN RESTAURANTS, INC.
	

 	
 	

By:	
 	

 Name:

Title:







	

 	
 	

AGREED TO AND ACCEPTED BY:
	

 	
 	
RESTAURANT ACQUISITION PARTNERS, INC.
	

 	
 	

By:	
 	

 Name:

Title:













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RESTAURANT ACQUISITION PARTNERS, INC.
```

[Federal Register: December 2, 1997 (Volume 62, Number 231)]
[Notices]
[Page 63698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de97-42]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 2:00 p.m., Wednesday, December 17, 1997.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Enforcement Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FRDoc.97-31688Filed11-28-97;11:42am]
BILLING CODE 6351-01-M
```

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## NO. 12-09-00140-CR IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S TONY WHITE a/k/a ANTHONY WHITE, § APPEAL F ROM THE 7TH APPELLANT V. § JUDICIAL DISTRI CT COURT OF TH E ST ATE OF TEX

AS, APP ELL EE § SMI TH CO UN TY

, T EXAS MEMORA NDUM OPIN ION PER CU RIAM Appellant plea ded guilty to poss es s i o n of a c ontrolled substance with intent to deliver. Sentence was imposed on Mar ch 23, 2009. We have rec eived the trial court's ce rtification showing that this is a plea bar gain ca se and A ppellant has no right to appe al. See T EX
. R. A PP
. P. 25.2(d). A def endant in a ple a bar gai n ca s e h as o n l y a limited right to appeal. See T EX
. R. A PP
. P. 25.2(2). A ple a bar gain ca se is one in which a defe ndant pleade d guilty or nol o contende re a nd the punishment did not excee d the punishment rec ommended by the pr osecutor a nd ag ree d to by the defe ndant. Id . In such c ases, a defe ndant m ay ap p ea l o n l y (1) those ma tters that wer e ra ised by
writt e n mo tio n f

ile d a ndru le d o n b e fo re tr ia l, o r ( 2) a ft e r g e tti ng th e tr ial co urt’ s p e rm iss ion to appea l. T EX
. R. A PP
. P. 25.2( 2)(A) , (B). Her e, the rec ord does not show that the trial court r uled on any of A ppellant’s pre trial motions prior to the entry of his guilty plea or that the tri al court gave Appellant permission to a ppeal. There fore , the rec ord supports the trial court’s certification. S ee Gre e nwe ll v

. T hirt e e nth Co urt o

f A pp e als , 1 59 S .W .3 d 6 45 , 6 49 (T e x. Cr im. Ap p. 20 05 ); De ar s v . St ate , 154 S.W .3d 610, 6 1 4 -1 5 (T ex . C ri m. App. 2005). More over, w e note that the r ecor d inc lud e s a sig ne d, wr itt e n w a ive r o f A pp e lla nt’ s r ig ht t o a

pp e a l, s ig ne d by Ap pe lla

nt a nd his c ouns e l. Ac c or din g ly , th e a

pp e a l is dism issed

for wa nt of jurisdiction. Opinion delivere d May

13, 2009. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(DO N OT PUBL I SH)
| (1)   | the      quarterly Report on Form 10-Q of Windstar, Inc. for the quarter ended June      30, 2008 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 quarterly Report on Form 10-Q for the quarter      ended June 30, 2008, fairly presents in all material respects, the      financial condition and results of operations of Windstar,      Inc. |
|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Siew Mee      Fam                                                           |
|--------|---------------------------------------------------------------------------------|
| Name:  | Siew      Mee Fam                                                               |
| Title: | Principal      Executive Officer, Principal      Financial Officer and Director |
| Date:  | July      23, 2008                                                              |
Exhibit 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the  incorporation by reference in the  Registration  Statement on
Form S-3  (No.  333-114529)  and the  Registration  Statements  on Form S-8 (No.
333-112934 and No. 333-30829) of Global Payment Technologies, Inc. of our report
dated  January 11, 2007,  with  respect to the  financial  statements  of Global
Payment Technologies Pty Ltd included in this Annual Report on Form 10-K for the
year ended September 30, 2006.


/s/ Pitcher Partners


Sydney, Australia
January 11, 2007


                                      116
<PAGE>



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the  incorporation by reference in the  Registration  Statement on
Form S-3  (No.  333-114529)  and the  Registration  Statements  on Form S-8 (No.
333-112934 and No. 333-30829) of Global Payment Technologies, Inc. of our report
dated January 11, 2007, with respect to the consolidated financial statements of
eCash  Holdings Pty Limited and  subsidiaries  included in this Annual Report on
Form 10-K for the year ended September 30, 2006.


/s/ Pitcher Partners


Sydney, Australia
January 11, 2007



                                      117
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Amendment Number 1 to the Quarterly Report of Ubiquitech
Software Corporation (the Company") on Form 10-QSB/A for the period ended herein
as filed with the Securities and Exchange Commission (the "Report"), I. Brian
Sobnosky, Chief Executive and Chief Financial 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 fully presents, in all material respects,
the financial condition and results of operations or the Company.








Ubiquitech
      Software CorporationDate:
      June 25, 2008
            By:
            /s/ Brian
      SobnoskyBrian
      Sobnosky
              Chief
      Executive Officer
              Chief
      Financial Officer
```

[Federal Register: September 22, 1998 (Volume 63, Number 183)]
[Notices]
[Page 50557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se98-50]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

TIME AND DATE: 11:00 a.m., Friday, October 9, 1998.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 98-25431 Filed 9-18-98; 1:21 pm]
BILLING CODE 6351-01-M
```

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Exhibit 16.1





June 27, 2008





Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C.  20549



RE:  New Ulm Telecom, Inc.



We have read the statements that we understand New Ulm Telecom, Inc. will include under Item 4 of the Form 8-K report it will file regarding the recent change of auditors.  We agree with such statements made regarding our firm.  We have no basis to agree or disagree with other statements made under Item 4.



Yours truly,





/s/ KIESLING ASSOCIATES LLP







---
```

[Federal Register: August 16, 1999 (Volume 64, Number 157)]
[Notices]
[Page 44512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au99-57]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Membership of the Commission's Performance Review Board

AGENCY: Commodity Futures Trading Commission.

ACTION: Membership Change of Performance Review Board.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Office of Personnel Management guidance
under the Civil Service Reform Act of 1978, notice is given that the
following employees will serve as members of the Commission's
Performance Review Board.
    Members: Donald L. Tendick, Acting Executive Director, Office of
the Executive Director; Phyllis Cela, Acting Director, Division of
Enforcement; I. Michael Greenberger, Director, Division of Trading and
Markets; David R. Merrill, Acting General Counsel, Office of the
General Counsel; John R. Mielke, Acting Director, Division of Economic
Analysis.

DATES: This action will be effective on August 10, 1999.

ADDRESSES: Commodity Futures Trading Commission, Office of Human
Resources, Three Lafayette Centre, Suite 4100, Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT:
Marsha Scialdo, Director, Office of Human Resources, Commodity Futures
Trading Commission, Three Lafayette Centre, Suite 400, Washington, DC
20581, (202) 418-5003.

SUPPLEMENTARY INFORMATION: This action which changes the membership of
the Board supersedes the previously published Federal Register Notice,
June 7, 1999.

    Issued in Washington, DC on August 10, 1999.
Jean A. Webb,
Secretary to the Commission.
[FR Doc. 99-21075 Filed 8-13-99; 8:45 am]
BILLING CODE 6351-01-M
```

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Exhibit 10.3


                        TRANSBOTICS SECURES UPGRADE ORDER
               FOR EXISTING LGV SYSTEM IN THE AUTOMOTIVE INDUSTRY

CHARLOTTE, NC - August 15, 2005 - Transbotics Corporation, (OTC BB: TNSB)
(www.transbotics.com), announced it has received an order for upgrading an
existing Laser Guided Vehicle system from a customer in the automotive industry.
The order totals approximately $450,000 and is to be installed over the next
eight months.

For over 20 years Transbotics Corporation has specialized in the design,
development, support and installation of automation solutions with an emphasis
on Automatic Guided Vehicles (AGVs). The Company is a North American Automation
solutions integrator that manufactures, installs and supports various automation
technology including: AGVs, robotics, batteries, chargers, motors and other
related products.

Transbotics provides its Tailor Made automation solutions to a variety of
industries, including automotive (tier one supplier), aerospace and defense,
food and beverage, paper and allied products, newsprint and publishing,
entertainment, microelectronics, plastics and primary metals. Transbotics'
current customers include Fortune 500 companies as well as small manufacturing
companies.

This release (including information incorporated by reference herein) may be
deemed to contain certain forward-looking statements with respect to the
financial condition, results of operation, plans, objectives, future performance
and business of the Company. These forward-looking statements involve certain
risk, including, without limitation, the uncertainties detailed in Transbotics
Corporation Securities and Exchange Commission filings.




                                       24
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Cora Lea Byford v. Lila Thompson

Appellate case number: 01

- 20

- 00180

- CV

Trial court case number: 20CCV0001

Trial court: County Court of Chambers County

Appellant’s brief was originally due on May 11, 2020. The Court granted three extensions until March 29, 2021. In April 2021, appellant filed a notice that she had not received a copy of the record. Soon thereafter, appellant advised the Court that she had received a copy of the clerk’s and reporter’s records. On December 10, 2021, this Court issued a notice that the appeal might be dismissed unless she filed her brief by December 27, 2021. On December 21, 2021, appellant filed

a motion for extension o f time to file her brief.

Appellant’s motion is granted and the deadline for filing her brief is August 14, 2022 . No further extensions will be granted. If no brief is filed on August 14, 2022, the appeal will be dismissed for failure to prosecute the ap peal. See T EX

. R. A PP

. P. 4 2.3.

It is so ORDERED.

Judge’s signature:

____

/s/ Peter Kelly

______  Acting individually  Acting for the Court

Date: ___ July 26 , 2022

___
No. 273.

#### Commonwealth Trust Company of Pittsburgh, Trustee, et al. *v.*Atwood, Receiver.

October 14, 1935.

*Mr. W. Denning Stewart*for petitioners.

*Mr. John G. Frazer*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted, limited to the question of jurisdiction and its appropriate exercise.
#### Charles Daniel CARL, Petitioner-Appellant, v. Robert HOREL; Attorney General, Respondents-Appellees.

No. 08-17183.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 5, 2010.

Charles Daniel Carl, Vacaville, CA, pro se.

Robert C. Cross, Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Respondent-Ap-pellee.

*189Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Charles Daniel Carl appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging a prison disciplinary decision for possession of a controlled substance. We have jurisdiction under 28 U.S.C. § 22531, and we affirm.

The district court properly dismissed Carl’s petition as moot because the possibility that the disciplinary violation may impair his future parole eligibility is too speculative to constitute a collateral consequence sufficient to meet Article Ill’s case-or-controversy requirement. *See Wilson v. Terhune,*319 F.3d 477, 481-82 (9th Cir.2003).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. We certify for appeal, on our own motion, the issue of whether the district court properly dismissed Carl’s habeas petition as moot. The state has fully briefed the issue that we certify for appeal.
<PAGE>   1
                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



As independent public accountants, we hereby consent to the incorporation by
reference in this Form 10-K of our report dated July 30, 1998, included in the
1998 Annual Report to Shareholders of STRATTEC SECURITY CORPORATION.

We also consent to the incorporation of our reports included (or incorporated by
reference) in this Form 10-K into the Company's previously filed Registration
Statement on Form S-8 (File No. 333-4300 and File No. 333-45221).



ARTHUR ANDERSEN LLP


Milwaukee, Wisconsin,
September 9, 1998.
Exhibit
32.1








CERTIFICATION
PURSUANT TO
 18
U.S.C. SECTIONS 1350
 AS ADOPTED PURSUANT
TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report of Ubiquitech Software Corporation(the
Company") on Form 10-Q for the period ended herein as filed with the Securities
and Exchange Commission (the "Report"), I. Brian Sobnosky, Chief Executive and
Chief Financial 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 fully presents, in all material respects,
the financial condition and results of operations or the Company.





Dated:
January 13, 2009








By:
            /s/ Brian
      SobnoskyBrian
      Sobnosky
              Chief
      Executive Officer
              Chief
      Financial Officer
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 Kerrisdale Mining Corporation. (the "Company") on Form 10-QSB for the period ended January 31, 2008 (the "Report"), I, John S. Morita, 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 requirement 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 Company's financial position and results of operations.  /s/John S. MoritaJohn S. Morita, President March 14, 2008
```

[Federal Register: August 28, 1997 (Volume 62, Number 167)]
[Corrections]
[Page 45702]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au97-135]



[[Page 45702]]



COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 12


Commission's Reparations Jurisdiction Over Commodity Trading
Advisors Exempt From Registration Under Section 4m(1) of the Commodity
Exchange Act

Correction

    In rule document 97-21829, beginning on page 43930, in the issue of
Monday, August 18, 1997, make the following corrections:
    1. On page 43930, in the SUMMARY:, in the fifth line,
``participations'' should read ``participants''
    2. On the same page, in the second column, in the second paragraph
of the footnote 3, in the 10th line, ``876-76 '' should read ``875-76''
BILLING CODE 1505-01-D
```

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