alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1415 KA 11-02499** 
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JERROD A. PUGH, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER, THE ABBATOY LAW FIRM, PLLC (DAVID M. ABBATOY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered October 22, 2010. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon 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 a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). The charges arose from an incident in which defendant and an accomplice entered a nail salon wearing black masks, and the accomplice pointed a gun at the salon owner’s head while defendant guarded the door and prevented the occupants from escaping. Almost immediately after they entered the salon, the shop owner disarmed the accomplice, and defendant and the accomplice fled. It was undisputed at trial that defendant never handled the weapon.

Contrary to defendant’s contention, the evidence is legally sufficient to support the conviction inasmuch as there is a “valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial” ( People v Bleakley , 69 NY2d 490, 495). We conclude that the jury reasonably could have found “ ‘that defendant, acting with the mental culpability required for the commission of the crime, intentionally aid[ed] another in the conduct constituting the offense’ ” ( People v Trinidad , 107 AD3d 1432, 1433, lv denied 21 NY3d 1046; see Penal Law § 20.00; People v Witherspoon , 300 AD2d 605, 605, lv denied 99 NY2d 634). We further conclude that the evidence is legally sufficient to establish that defendant jointly possessed the accomplice’s loaded firearm ( see People v Velasquez , 44 AD3d 412, 412, lv denied 9 NY3d 1040).**-2- 1415 KA 11-02499** 

We have reviewed defendant’s remaining contentions and conclude that none requires modification or reversal of the judgment.

Entered: December 31, 2015 Frances E. Cafarell Clerk of the Court
II

106TH CONGRESS

2D SESSION S. 2418

To prohibit commercial air tour operations over the Black Canyon National

Park.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To prohibit commercial air tour operations over the Black

Canyon National Park.

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 CERTAIN COMMERCIAL AIR

4 TOUR OPERATIONS.

5 Section 806 of the National Parks Air Tour Manage6 ment Act of 2000 is amended by inserting ‘‘or the Black

7 Canyon of the Gunnison National Park’’ after ‘‘Rocky

8 Mountain National Park’’.

Æ
#### HENRY OLSON, Appellant, v. MIDDLEWEST GRAIN COMPANY, a Corporation, and H. T. Hogy, Respondents.

(173 N. W. 474.)

This case is governed by the decision in Kluver v. Middlewest Grain Co. ante, 210.

Opinion filed June 21, 1919.

Prom an order of the District Court of Ward County, *Leighton,*J., plaintiff appeals.

Affirmed.

*W. II. Sibbald,*for appellant.

*Fiske & Murphy,*for respondents.

*251Per Curiam.

This case was submitted together with Kluver v. Middlewest Grain Co. ante, 210, 173 N. W. 468. The facts in the instant case are identical with those in the Kluver Case, and on the authority of the decision rendered in that case, the order appealed from is affirmed.

Grace, J., concurs in the result.
Exhibit 31.2

I, James R. Baumgardner, certify that:

1.  I have reviewed this quarterly report on Form 10-Q of American Ecology
Corporation;

2.  Based on my knowledge, this quarterly 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 quarterly
report;

3.  Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4.  The registrant's other certifying officers 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 quarterly report is being prepared;
b)  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 quarterly report based on such evaluation; and
c)  disclosed in this quarterly report any change in the registrant's  internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter 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 officers 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 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.

/s/ James R. Baumgardner
------------------------
James R. Baumgardner
November 4, 2004


<PAGE>
EXHIBIT 32



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 report of Beverly National Corporation (the
Company) on Form 10-Q for the quarter-ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Donat A. Fournier, Chief Executive Officer of the Company, and
Michael O. Gilles, 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.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                                          
|--- |  | -----------------------------------------
|    | 
|By: |  | /s/    DONAT A. FOURNIER                 
|    |  | Donat A. Fournier Chief Executive Officer



November 9, 2005



|    |  |                                          
|--- |  | -----------------------------------------
|    | 
|By: |  | /s/    MICHAEL O. GILLES                 
|    |  | Michael O. Gilles Chief Financial Officer



November 9, 2005



The foregoing certificate is furnished solely for purposes of complying with Section 906
of the Sarbanes-Oxley Act of 2002 and for no other purpose whatsoever. Notwithstanding anything to the contrary set forth herein or in any of the Companys previous filings under the Securities Act of 1933, as amended, or the Securities
Exchange Act of 1934, as amended, that might incorporate the Companys future filings, including this Report on Form 10-Q, in whole or in part, this Certificate shall not be incorporated by reference into any such filings.
[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Page 26202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11036]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0064]


U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

ACTION: Notice of proposed change to the Rules of Practice and 
Procedure of the United States Court of Appeals for the Armed Forces.

-----------------------------------------------------------------------

SUMMARY: This notice announces the following proposed change to Rule 
30A(a) of the Rules of Practice and Procedure, United States Court of 
Appeals for the Armed Forces.

DATES: Comments on the proposed change must be received within 30 days 
of the date of this notice.

ADDRESSES: You may submit comments, identified by docket number and 
title by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://regulations.gov as they are received without change, 
including personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the 
Court, telephone (202) 761-1448.

    Dated: May 5, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Rule 30A(a)

    Rule 30A(a) currently reads:
    (a) General. The Court will normally not consider any facts outside 
of the record established at the trial and the Court of Criminal 
Appeals.
    The proposed change to Rule 30A(a) would read:
    (a) General. The Court will normally not consider any facts outside 
of the record established at the trial and the Court of Criminal 
Appeals. Requests to consider factual material that is not contained in 
the record shall be presented by a motion to supplement the record 
filed pursuant to Rule 30. The motion shall include statements 
explaining why the matter was not raised previously at trial or before 
the Court of Criminal Appeals and why it is appropriate to be 
considered for the first time in this Court. Motions filed pursuant to 
this Rule will be granted only for good cause shown.
    Comment: The proposed change establishes a procedure for properly 
presenting a request to the Court to consider evidence that is not in 
the record. The rule requires a party to explain in a motion why the 
Court may consider the evidence although it was not considered 
previously and is not part of the record. The rule also contains a 
standard for granting motions under the rule.

[FR Doc. 2010-11036 Filed 5-10-10; 8:45 am]
BILLING CODE 5001-06-P
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2155 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2155

        To suspend through December 31, 2003, the duty on meta-
  chlorobenzaldehyde, propiophenone, 4-bromo-2-fluoroacetanilide, and 
                          2,6-dichlorotoluene.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2000

 Mr. Hollings (for himself and Mr. Thurmond) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
        To suspend through December 31, 2003, the duty on meta-
  chlorobenzaldehyde, propiophenone, 4-bromo-2-fluoroacetanilide, and 
                          2,6-dichlorotoluene.

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

SECTION 1. SUSPENSION OF DUTY.

    Subchapter II of chapter 99 of the Harmonized Tariff Schedule of 
the United States is amended by inserting at the appropriate places the 
following new headings:
    

  ``           9902.xx.xx     Meta-              Free        No change        No change       On or before
                               Chlorobenzaldehy                                                12/31/2003
                               de (provided for
                               in subheading
                               2913.00.4000)...
 

    

  ``           9902.xx.xx     Propiophenone      Free        No change        No change       On or before
                               (provided for in                                                12/31/2003
                               subheading
                               2914.39.9000)...
 

    

  ``           9902.xx.xx     4Bromo-2-          Free        No change        No change       On or before
                               Fluoroacetanilid                                                12/31/2003
                               e (provided for
                               in subheading
                               2924.21.5000)...
 

    

  ``           9902.xx.xx     2,6-               Free        No change        No change       On or before
                               Dichlorotoluene                                                 12/31/2003
                               (provided for in
                               subheading
                               2903.69.7000)...
 

SEC. 2. EFFECTIVE DATE.

    The amendment made by section 1 shall apply to goods entered, or 
withdrawn from warehouse for consumption, on or after the date that is 
15 days after the date of the enactment of this Act.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Siuslaw Resource Advisory Committee will meet in Corvallis, OR. The purpose of the meeting is to Review RAC FY10 Business, Elect Chairperson, Set FY11 Overhead Rate, Monitoring Report, Information Share, Public Forum and 2011 Project Review.

# DATES:

The meeting will be held May 18, 2010 beginning at 8 a.m.

# ADDRESSES:

The meeting will be held at the Siuslaw National Forest Supervisor's Office, 4077 SW. Research Way, Corvallis Oregon.

# FOR FURTHER INFORMATION CONTACT:

Joni Quarnstrom, Public Affairs Officer, Siuslaw National Forest, 541/750-7025 or write to Forest Supervisor, Siuslaw National Forest, 4077 SW. Research Way Corvallis, OR 97333.

# SUPPLEMENTARY INFORMATION:

A public input period will begin before 2011 project review.

Dated: May 5, 2010.

Michael Harvey,

Recreation/Lands Staff.

[FR Doc. 2010-11164 Filed 5-12-10; 8:45 am]

BILLING CODE 3410-11-M
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 11

- 00518

- CV

FORT WORTH ISD APPELLANT

V.

RAUL DURAN APPELLEE

------------

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

------------



### MEMORANDUM OPINION 1 

### AND JUDGMENT

--------- ---

We have considered “ Appellant Fort Worth Independent Scho ol District ’ s

Unopposed Motion For Withdrawal Of Its Appeal In Light O f Settlement .” It is the

court = s opinion that the motion should be granted; therefore, we dismiss the

appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

1 See Tex . R. App. P. 47.4.2

Costs of the appeal shall be paid by appellant, for which let execution

issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: March 8, 2012
**EXHIBIT 32.1**Written Statement of the Chief Executive Officer Pursuant to 18U.S.C. Section 1350     Pursuant to 18 U.S.C. Section 1350, the undersigned officerof JAKKS Pacific, Inc. (“Registrant”), herebycertifies that the Registrant’s Annual Report onForm 10-K for the year ended December 31, 2004 (the“Report”) fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Registrant.Date: March 31, 2005     /s/ Jack Friedman           JACK FRIEDMAN *Chairman and Chief Executive Officer*
<PAGE>   1
                                                                    EXHIBIT 23.1


                        Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statements on
Form S-3 (No. 333-49622) and on Form S-8 (No. 333-39592, No. 333-42616, No.
333-47250, No. 333-84825 and No. 333-90795) of WebMD Corporation of our report
dated March 21, 2001, with respect to the consolidated financial statements of
WebMD Corporation included in this Annual Report (Form 10-K) for the year ended
December 31, 2000.



                                      /s/ Ernst & Young LLP


Atlanta, Georgia
March 29, 2001
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 Xun Energy Inc.  (the "Company") on Form 10-Q for the period ended November 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.



3.

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





Date:  January 13, 2011



By: /s/ Peter Matousek



Peter Matousek



Chief Executive Officer
No. 1,695.

#### STATE, Respondent, *v.*PRESCOTT, Appellant.

*Appeal from District*Cowl, *Cascade County.*

*Mr. William G.*Downing, for Appellant.

*Mr. James*Donovan, *Attorney*General, for Respondent.

Decided October 7, 1901.

Per Curiam.

— This appeal is dismissed for the reason that appellant has not filed his brief herein, in accordance with Subdivisions 2 and 5 of Rule X of the Rules of this Court.
Exhibit 31.2
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of First Franklin Corporation;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)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) 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):
   Date: May 15, 2009
    /s/ Daniel T. VoelpelDaniel T. VoelpelVice President and Chief Financial Officer 21
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2190 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2190

          To suspend temporarily the duty on Solvent Blue 67.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2000

Mr. Edwards (for himself and Mr. Helms) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on Solvent Blue 67.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY ON SOLVENT BLUE 67.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.32.00     Solvent Blue 67  Free              No change         No change         On or before 12/
                     (CAS No. 81457-                                                         31/2002          ''
                     65-0) (provided                                                                           .
                     for in
                     subheading
                     3204.19.11)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```