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

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered May 13, 1987, convicting defendant, after a jury trial, of two counts of robbery in the first degree (Penal Law § 160.15 [3]) and one count of robbery in the second degree (Penal Law § 160.10 [1]) and sentencing him to three concurrent indeterminate terms of imprisonment of from 3 to 9 years, unanimously affirmed.

Defendant’s claim that his guilt was not proven beyond a reasonable doubt, because of purported weaknesses in the complainant’s identification testimony, is without merit. Complainant observed defendant in good lighting when defendant hailed complainant’s cab at approximately 6:00 p.m. on a bright September day, sticking his head inside of the passenger’s window to state his destination. Further observations were made by complainant during the cab ride and while waiting for defendant and codefendant to pay the fare. Moreover, issues involving identification are the responsibility of the jury to determine in the first instance, not the appellate court’s. *(People v Mosley,*112 AD2d 812, *affd*67 NY2d 985.)

Defendant’s further claim that the trial court abused its discretion in discharging an ill juror has not been preserved for appellate review as a matter of law. (CPL 470.05 [2].) Defendant never joined in codefendant’s objection with respect to the substitution of an alternate, and took no issue with the court’s determination that the juror was incapacitated. Under these circumstances, we find no abuse of the broad discretion afforded to the trial court in determining whether to discharge a particular juror because of illness. *(See, People v Page,*72 NY2d 69, 73.)

Nor was there an abuse of discretion in sentencing, which requires the delicate balancing of many factors and interests. *(People v Farrar,*52 NY2d 302, 305-306.) Although the court may have deemed the codefendant to have been the "prime mover” in this case, it clearly recognized that defendant was equally culpable. Furthermore, defendant’s claim that the court punished him for taking the witness stand on his own behalf, or because it did not credit his testimony, is without support in the record. Defendant faced a maximum term of imprisonment of from 8Vá to 25 years. (Penal Law § 70.02 [2], *201[3], [4].) Instead, he received only one additional year on the minimum end of the mandatory minimum sentence of 2 to 6 years. Concur—Ross, J. P., Milonas, Rosenberger, Kassal and Rubin, JJ.
EXHIBIT 21.1

                  SUBSIDIARIES OF SYNAGRO TECHNOLOGIES, INC.


The following is a list of all of the subsidiaries of the Company at December
31, 1998. Each of the subsidiaries is wholly-owned by the Company.


            CORPORATE NAME OF SUBSIDIARY    STATE OF INCORPORATION
            ----------------------------    ----------------------

            CDR Environmental, Inc.               Texas

            Composting Corporation of America   Arkansas

            Organi-Gro, Inc.                    Arkansas

            Pima Gro Systems, Inc.               Arizona

            ST Interco, Inc.                    Delaware

            A&J Cartage, Inc.                   Wisconsin

            Michigan Organic Resources, Inc.    Michigan

            A&J Cartage Southeast, Inc.          Florida

            Recyc, Inc.                        California

            Environmental Waste Recycling, 
             Inc.                            North Carolina
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-4931

Duravant LLC and FMH Conveyors Americas:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests and the 

request failed to show that this particular product is available only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Exhibit 31.1

CERTIFICATION

I, Michael D. Queen, certify that:

1.

I have reviewed this Quarterly Report on Form 10-Q of Universal Capital Management, 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(s) 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)

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

(c)

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 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(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):

(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:  March 13, 2009



/s/ Michael D. Queen

Michael D. Queen,

Principal Executive Officer
Exhibit 7.1

CALCULATION OF RATIO OF EARNINGS TO FIXED CHARGES

|                                                           |                        | Years ended December 31,
|---------------------------------------------------------- | ---------------------- | ------------------------
|
|Income (loss) before income taxes and minority interest    |                        | (97,508                 
|Add: undistributed earnings of unconsolidated subsidiaries |                        | -24,536                 
|                                                           |                        |                         
|Total                                                      |                        | (72,972                 
|Fixed charges                                              |                        |                         
|                                                           | Interest expense       |                         
|                                                           | 25% of operating lease |                         
|                                                           |                        |                         
|Total fixed charges                                        |                        | 27,599                  
|Total earnings available for payment of fixed charges      |                        | *                       
|                                                           |                        |                         
|Ratio of earnings to fixed charges                         |                        |                         
|Expenses under opeating leases                             |                        | 43,586                  

---

---



QuickLinks
```
[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Page 16695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7911]

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

DEPARTMENT OF TRANSPORTATION

Aviation Proceedings; Agreements Filed During the Week Ended 
March 24, 1995

    The following Agreements were filed with the Department of 
Transportation under the provisions of 49 U.S.C 412 and 414. Answers 
may be filed within 21 days of date of filing.

Docket Number: 50224
Date filed: March 21, 1995
Parties: Members of the International Air Transport Association
Subject: COMP Telex Reso 033f, Currency Rates Changes for Hungary
Proposed Effective Date: April 1, 1995

Docket Number: 50231
Date filed: March 23, 1995
Parties: Members of the International Air Transport Association
Subject: COMP Telex Mail Vote 734, Special Amending Reso from Zimbabwe, 
Telex--Correction
Proposed Effective Date: April 1, 1995

Docket Number: 50232
Date filed: March 23, 1995
Parties: Members of the International Air Transport Association
Subject: COMP Telex Mail Vote 733, Specific Commodity Rates from India, 
Telex--Correction
Proposed Effective Date: April 1, 1995
Paulette V. Twine,
Chief, Documentary Services Division.
[FR Doc. 95-7911 Filed 3-30-95; 8:45 am]
BILLING CODE 4910-62-P
```
[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Proposed Rules]
[Pages 17048-17049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8134]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 95-34; RM-8600]


Radio Broadcasting Services; Rapid City, SD

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition filed by Conway 
Broadcasting proposing the allotment of Channel 222C at Rapid City, 
South Dakota, as the community's seventh local FM transmission service. 
Channel 222C can be allotted to Rapid City in compliance with the 
Commission's minimum distance separation requirements at city reference 
coordinates. The coordinates for Channel 222C at Rapids City are North 
Latitude 44-04-50 and West Longitude 103-13-50.

DATES: Comments must be filed on or before May 22, 1995, and reply 
comments on or before June 6, 1995.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554. 
In addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: Lars 
Conway, Conway Broadcasting, 4415 Fremont Ave., South, Minneapolis, 
Minnesota 55409 (Petitioner).

FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 95-34, adopted March 22, 
1995, and released March 29, 1995. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M 
[[Page 17049]] Street, NW, Washington, D.C. The complete text of this 
decision may also be purchased from the Commission's copy contractor, 
International Transcription Service, Inc., (202) 857-3800, 2100 M 
Street, NW, Suite 140, Washington, D.C. 20037.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 95-8134 Filed 4-3-95; 8:45 am]
BILLING CODE 6712-01-F
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             273
<SECURITIES>                                         0
<RECEIVABLES>                                    2,255
<ALLOWANCES>                                       294
<INVENTORY>                                      2,704
<CURRENT-ASSETS>                                 6,664
<PP&E>                                           1,855
<DEPRECIATION>                                   1,273
<TOTAL-ASSETS>                                  16,035
<CURRENT-LIABILITIES>                            3,529
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            94
<OTHER-SE>                                       9,284
<TOTAL-LIABILITY-AND-EQUITY>                    16,035
<SALES>                                         17,439
<TOTAL-REVENUES>                                17,439
<CGS>                                           12,566
<TOTAL-COSTS>                                   12,566
<OTHER-EXPENSES>                                 2,847
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 418
<INCOME-PRETAX>                                  1,608
<INCOME-TAX>                                        36
<INCOME-CONTINUING>                              1,572
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,572
<EPS-PRIMARY>                                     .017
<EPS-DILUTED>                                     .015
        

</TABLE>
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5948

Alo USA Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8725]



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

DEPARTMENT OF LABOR
[TA-W-30, 360 etc.]


BASF Corp., Lowland, TN; Amended Certification Regarding 
Eligibility to Apply for Worker Adjustment Assistance

    In the matter of: TA-W-30,360 Nylon Hosiery Department, TA-W-
30,360A Polyester Filament Department, and TA-W-30,360B Nylon Staple 
Fibers Department.

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Certification of Eligibility to 
Apply for Worker Adjustment Assistance on December 7, 1994, applicable 
to all workers of the Nylon Hosiery Department. The Notice was 
published in the Federal Register on January 3, 1995 (60 FR 148).
    A Federal Register Correction was issued on February 10, 1995 
revising the date of the petition to August 1, 1994. The correction was 
published in the Federal Register on February 17, 1995 (60 FR 9407). 
The certification was subsequently amended on February 10, 1995 to 
include the Polyester Filament Department. The amended notice was 
published in the Federal Register on February 17, 1995 (60 FR 9407).
    At the request of the company, the Department again reviewed the 
certification for workers of the subject firm. New findings show that 
the Nylon Staple Fibers business was part of the Fiber Products 
Division and worker separations and declines in sales and production 
have occurred in the relevant periods. Accordingly, the Department is 
amending the certification to include all workers at the Lowland, 
Tennessee plant.
    The amended notice applicable to TA-W-30,360 is hereby issued as 
follows:

    All workers of BASF Corporation, Lowland, Tennessee who became 
totally or partially separated from employment on or after August 1, 
1993 are eligible to apply for adjustment assistance under Section 
223 of the Trade Act of 1974.

    Signed in Washington, DC., this 29th day of March, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-8725 Filed 4-7-95; 8:45 am]
BILLING CODE 4510-30-M
EXHIBIT 23.1


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

         We  consent  to the  incorporation  by  reference  in the  Registration
Statement (Form S-8 No. 333-4186 and 333-30149)  pertaining to the 1995 Director
Stock Option Plan,  1995 Employee  Stock  Purchase  Plan, and 1933 Stock Plan of
Conceptus,  Inc. of our report  dated  January  16,  1999,  with  respect to the
consolidated  financial  statements of Conceptus,  Inc.  included in this Annual
Report  (Form  10-K)  for the year  ended  December  31,  1998,  filed  with the
Securities and Exchange Commission.

                                                   /s/ Ernst & Young LLP



Palo Alto, California
March 30, 1999
EXHIBIT 10.1 


SOTHEBY’S NEVADA, INC.

5600 Spring Mountain Road, Suite 104

Las Vegas, Nevada 89102


February 18,
2010 


Acquavella
Contemporary Art, Inc.

c/o Mr. William R. Acquavella

300 Pleasure Drive

Flanders, NY 11901 


Dear Bill: 


This letter
agreement amends the Agreement of Partnership (the “Partnership Agreement”) of
Acquavella Modern Art, a Nevada general partnership, dated May 29, 1990,
between Sotheby’s Nevada, Inc., a Nevada Corporation (“Sotheby’s Partner”), and
Acquavella Contemporary Art, Inc., a Nevada Corporation (“Acquavella Partner”).



By prior
letters of amendment, we have agreed to extend the term of the Partnership
Agreement through March 31, 2010. By this letter of amendment, we are agreeing
to extend the term of the Partnership Agreement for one additional year through
March 31, 2011. Accordingly, each of the Sotheby’s Partner and the Acquavella
Partner hereby agree to amend Section 1.5 (iii) of the Partnership Agreement,
as heretofore amended, to delete the reference to March 31, 2010 and substitute
therefor the date of “March 31, 2011.” 


Except as
amended hereby, the Partnership Agreement shall remain in full force and effect
and is hereby ratified and confirmed. 


Please sign
this letter agreement in the space provided below. Upon execution on behalf of
the Acquavella Partner, this letter agreement shall be effective as of the date
of this letter. 


SOTHEBY’S
NEVADA, INC. 


	
 

	
 

	
 

	
 


	
By

	
: /s/
William F. Ruprecht

	
 


	
 

	




	
 


	
 

	
 

	
William F.
Ruprecht, President





AGREED AND
ACCEPTED

ACQUAVELLA CONTEMPORARY ART, INC. 


	
 

	
 

	
 


	
By

	
:   /s/ William
R. Acquavella

	
 


	
 

	




	
 


	
William R.
Acquavella, President