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

## Appellate Division, Fourth Judicial Department

295 KA 12-01680 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT

V MEMORANDUM AND ORDER

RAFAEL DIAZ, DEFENDANT-APPELLANT.

EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (BRIAN SHIFFRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (GEOFFREY KAEUPER OF COUNSEL), FOR RESPONDENT.

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (James J. Piampiano, J.), entered August 21, 2012. The order denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of murder in the second degree and robbery in the first degree.

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

Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25 [3] [felony murder]) and robbery in the first degree (§ 160.15 [4]), and the judgment of conviction was affirmed on appeal ( People v Diaz , 38 AD3d 1314, lv denied 9 NY3d 864). Defendant thereafter moved pursuant to CPL 440.10 to vacate the judgment on the ground that he was denied effective assistance of counsel at trial. County Court summarily denied the motion, and we granted defendant’s CPL 460.15 application for a certificate granting leave to appeal.

“To prevail on a claim of ineffective assistance of counsel, it is incumbent on defendant to demonstrate the absence of strategic or other legitimate explanations” for defense counsel’s allegedly deficient conduct ( People v Rivera , 71 NY2d 705, 709; see People v Benevento , 91 NY2d 708, 712-713). At trial, the People were limited to using the indicted robbery as the underlying felony for the felony murder charge, and were precluded from using an unindicted robbery of the murder victim as the underlying felony ( see Diaz , 38 AD3d at 1314). In his CPL 440.10 motion, defendant contended that trial counsel was ineffective in failing to use the statement of his codefendant at trial inasmuch as that statement supported the theory that the fatal shooting occurred during the robbery of the murder-2- 295 KA 12-01680

victim and not the victim of the indicted robbery. We reject that contention inasmuch as the statement of the codefendant, together with the other evidence at the trial, established that the fatal shooting occurred during the robbery of both the murder victim and the victim of the indicted robbery. The statement of the codefendant would not have undermined the People’s theory and proof at trial but, rather, would have undermined trial counsel’s reasonable defense strategy to preclude any evidence of the unindicted robbery. Trial counsel’s decision not to use the statement of the codefendant therefore cannot be characterized as ineffective assistance of counsel ( see Benevento , 91 NY2d at 712-713).

Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
December 31, 1999 Form 10-K and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                            <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    DEC-31-1999
<CASH>                          20,064
<SECURITIES>                     4,120
<RECEIVABLES>                   23,273
<ALLOWANCES>                       244
<INVENTORY>                      3,676
<CURRENT-ASSETS>                58,012
<PP&E>                          44,220
<DEPRECIATION>                  25,567
<TOTAL-ASSETS>                 246,826
<CURRENT-LIABILITIES>           20,493
<BONDS>                              0
<PREFERRED-MANDATORY>                0
<PREFERRED>                          0
<COMMON>                           194
<OTHER-SE>                      87,655
<TOTAL-LIABILITY-AND-EQUITY>   246,826
<SALES>                              0
<TOTAL-REVENUES>               112,174
<CGS>                                0
<TOTAL-COSTS>                   44,939
<OTHER-EXPENSES>                10,848
<LOSS-PROVISION>                     0
<INTEREST-EXPENSE>               9,408
<INCOME-PRETAX>                 24,471
<INCOME-TAX>                     9,432
<INCOME-CONTINUING>             15,039
<DISCONTINUED>                       0
<EXTRAORDINARY>                      0
<CHANGES>                            0
<NET-INCOME>                    15,039
<EPS-BASIC>                     0.89
<EPS-DILUTED>                   0.88


</TABLE>
[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8824]



=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Kansas Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that the Kansas 
Advisory Committee will meet on Friday, April 28, 1995, from 1 p.m. 
until 4 p.m. at the Prairie Band Potawatomi Reservation, Senior 
Citizens Meal Site, 14880 K Road, Mayetta, Kansas 66509. The purpose of 
the meeting is to collect information on civil rights issues in order 
to plan future projects in Kansas.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Melvin L. Jenkins, Director of the 
Central Regional Office, 816-426-5253 (TTY 816-426-5009). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least five (5) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, April 5, 1995.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 95-8824 Filed 4-7-95; 8:45 am]
BILLING CODE 6335-01-P
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5262 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5262

 To require the Secretary of Defense to publish information regarding 
the status of certain cleanup efforts of the Department of Defense, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 22, 2023

  Ms. Slotkin (for herself, Mr. Posey, Ms. Houlahan, and Mr. Bergman) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of Defense to publish information regarding 
the status of certain cleanup efforts of the Department of Defense, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DoD PFAS Cleanup Transparency Act of 
2023''.

SEC. 2. PUBLICATION OF INFORMATION REGARDING STATUS OF CERTAIN CLEANUP 
              EFFORTS OF DEPARTMENT OF DEFENSE.

    Beginning not later than one year after the date of the enactment 
of this Act, and not less frequently than annually thereafter, the 
Secretary of Defense shall publish on the publicly available website 
established under section 331(b) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) 
timely and regularly updated information on the status of the cleanup 
of sites for which the Secretary has obligated amounts for 
environmental restoration activities.
                                 <all>
```
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-6072

Aisin World Corp. of America:

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 concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

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

General Counsel
I 

118TH CONGRESS 

1ST SESSION H. R. 5249 

To amend the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 to include the Coast Guard Academy in the 

safe-to-report minor collateral misconduct policy of the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 22, 2023 

Mr. COURTNEY (for himself, Mr. KELLY of Mississippi, Mr. LARSEN of Washington, Mr. CARBAJAL, and Ms. BARRAGA ́N) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to include 

the Coast Guard Academy in the safe-to-report minor 

collateral misconduct policy of the Armed Forces. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coast Guard Academy 

5 Safe-to-Report Parity Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5249 IH

1 SEC. 2. APPLICABILITY OF SAFE-TO-REPORT MINOR COL2 LATERAL MISCONDUCT POLICY OF THE 

3 ARMED FORCES TO THE COAST GUARD ACAD4 EMY. 

5 Section 539A of the William M. (Mac) Thornberry 

6 National Defense Authorization Act for Fiscal Year 2021 

7 (Public Law 117–283; 10 U.S.C. 1561 note) is amend8 ed— 

9 (1) in subsection (a), by inserting ‘‘(and, with 

10 respect to the Coast Guard Academy, the Secretary 

11 of the department in which the Coast Guard is oper12 ating)’’ after ‘‘Secretary of Defense’’; and 

13 (2) in subsection (e)(2), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(D) The United States Coast Guard 

16 Academy.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
#### STATE of Missouri, Respondent, v. Vincent Carlos BROCK, Appellant.

No. WD 44443.

Missouri Court of Appeals, Western District.

Feb. 1, 1994.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM.

Appeal from a conviction of possession of a controlled substance, § 195.202, RSMo Cum. Supp.1992.

Affirmed. Rule 30.25(b).
[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8766]



[[Page 18164]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Civil Tiltrotor Development Advisory Committee Infrastructure 
Subcommittee

    Pursuant to Section 10(A)(2) of the Federal Advisory Committee Act 
Public Law (72-362); 5 U.S.C. (App. I), notice is hereby given of a 
meeting of the Federal Aviation Administration (FAA) sponsored Civil 
Tiltrotor Development Advisory Committee (CTRDAC) Infrastructure 
Subcommittee that will be held on April 27-28, 1995 at the headquarters 
of the Airport Council International located at 1775 K Street NW, Suite 
500, Washington DC 20006. The meeting will begin at 9:00 a.m. on the 
27th and conclude by 1:00 p.m. on the 28th.
    The agenda for the Infrastructure Subcommittee meeting will include 
the following:
    (1) Briefings on assumptions and results of the CTRDAC economic 
analysis.
    (2) Review and discussion of the Subcommittee draft executive 
summary.
    (3) Review the Infrastructure Subcommittee work plans, schedule and 
assumptions.
    Persons who plan to attend the meeting should notify Ms. Karen 
Braxton on 202-267-9451. Attendance is open to the interested public, 
but limited to space available. With the approval of the Chairperson, 
members of the public may present oral statements at the meeting.
    Members of the public may provide a written statement to the 
Subcommittee at any time.
    Persons with a disability requiring special services, such as an 
interpreter for the hearing impaired, should contact Ms. Karen Braxton 
at least three days prior to the meeting. Issued in Washington, D.C., 
April 3, 1995.
Richard A. Weiss,
Designated Federal Official, Civil Tiltrotor Development Advisory 
Committee.
[FR Doc. 95-8766 Filed 4-7-95; 8:45 am]
BILLING CODE 4910-13-M
I 

118TH CONGRESS 

1ST SESSION H. R. 5377 

To amend title 38, United States Code, to extend and modify certain authorities and requirements relating to the Department of Veterans Affairs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2023 

Mr. MURPHY introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to extend and modify 

certain authorities and requirements relating to the Department of Veterans Affairs, and for other purposes. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5377 IH

1 SECTION 1. EXTENSION OF TEMPORARY CLARIFICATION 

2 OF LICENSURE REQUIREMENTS FOR CON3 TRACTOR MEDICAL PROFESSIONALS TO PER4 FORM MEDICAL DISABILITY EXAMINATIONS 

5 FOR DEPARTMENT OF VETERANS AFFAIRS 

6 UNDER PILOT PROGRAM FOR USE OF CON7 TRACT PHYSICIANS FOR DISABILITY EXAMI8 NATIONS. 

9 Section 2002(a)(4) of the Johnny Isakson and David 

10 P. Roe, M.D. Veterans Health Care and Benefits Improve11 ment Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 

12 note) is amended by striking ‘‘three years’’ and inserting 

13 ‘‘five years’’. 

14 SEC. 2. EXTENSION OF PERIOD OF APPLICABILITY OF CER15 TAIN RELIEF FOR RECIPIENTS OF DEPART16 MENT OF VETERANS AFFAIRS EDUCATIONAL 

17 ASSISTANCE AFFECTED BY CLOSURE OR DIS18 APPROVAL OF EDUCATIONAL INSTITUTION. 

19 Section 3699(c)(2)(C) of title 38, United States 

20 Code, is amended by striking ‘‘September 30, 2023’’ and 

21 inserting ‘‘September 30, 2025’’. 

22 SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIA23 TIONS FOR DEPARTMENT OF VETERANS AF24 FAIRS EMERGENCY PREPAREDNESS. 

25 Section 8117(g) of title 38, United States Code, is 

26 amended by striking ‘‘2023’’ and inserting ‘‘2028’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 5377 IH

1 SEC. 4. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

2 The loan fee table in section 3729(b)(2) of title 38, 

3 United States Code, is amended by striking ‘‘November 

4 14, 2031’’ each place it appears and inserting ‘‘November 

5 15, 2031’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
----

----

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

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

|   |  By:  /s/ Kenneth Glynn                                                                           |
|--------|------------------------------------------------------------------------------------------------------------------|
|   |                Kenneth Glynn               |
|   |                President                   |
|   |                Chief Executive Officer and |
|   |                Chief Financial Officer     |
|   |                                                                                                             |
|   |                                                                                                             |
|   |           May 9, 2011                                               |

----

----
[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Page 18858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9120]



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


DEPARTMENT OF JUSTICE

Pursuant to the National Cooperative Research and Production Act 
of 1993--Enterprise Integration Tool Set

    Notice is hereby given that, on January 23, 1995, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seg. (``the Act''), Unisys Corporation has 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing: (1) The identities of the 
parties (2) the nature and objectives of the venture. The notifications 
were filed for the purpose of invoking the Act's provisions limiting 
the recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Pursuant to Section 6(b) of the Act, the identities of 
the parties are Unisys Corporation, Reston, VA: the Digital Systems 
Resources, Fairfax, VA. The general area of planned activity is to 
develop an Enterprise Integration Tool Set (``EITS'') and product 
demonstration. The activities of this joint venture project will be 
partially funded by an award from the Advanced Technology Program, 
National Institute of Standards and Technology, Department of Commerce.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-9120 Filed 4-12-95; 8:45 am]
BILLING CODE 4410-01-M
<PAGE>   1
EXHIBIT 23.1



INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in the Registration Statements of
American Bio Medica Corporation (the "Company") on Form S-3 (File No.
333-16535), Form S-8 (File No. 333-91025) and Form S-8 (File No. 333-19203) of
our report dated June 9, 2000 (with respect to the last paragraph of Note G July
20, 2000, the first and third paragraph of Note K[4](d), July 24, 2000, and the
last paragraph of Note E, August 2, 2000) on our audit of the financial
statements of the Company as of April 30, 2000 and for the years ended April 30,
2000 and 1999 which report is included in this Annual Report on Form 10-KSB. We
also consent to the reference to our firm under the caption "Experts" in the
Registration Statement on Form S-3.



Richard A. Eisner & Company, LLP

New York, New York
August 9, 2000
Organization Name:

Note: Representatives submitting on behalf of an organization must enter information below.

Requestor Representative:

Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

When submitting a product exclusion request using this form, enter the specified 

information in the following fields and explain the basis and rationale for your statements. 

By completing this form, you certify that the information provided is complete and 

correct to the best of your knowledge. 

1. Indicate whether the comment contains business confidential information (BCI), is a public

document, or is a public version of a BCI document.

3.

2. Please provide a complete and detailed description of the product of concern:

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

10-digit HTSUS item number* for product you wish to address in this product exclusion request:

Use numerical characters only with no special characters (example: 1023456789). For help in finding 

the HTSUS item number associated with your product, see https://hts.usitc.gov/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):

Public Version of BCI

RC308, 32.4 ton Capacity, 8.25 in Stroke, General Purpose Hydraulic Cylinder; Maximum Operating 

Pressure psi: 10000; Weight Kgs: 18,1; Oil Capacity Advance cm3: 880; Stroke Ranges mm: 175 - 

239

8412210075 Schmidt, Jackie Enerpac Jackie SchmidtImporter Yes Contains BCI
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

11. Please provide information in support your request, taking account of the instructions

provided in Section B of the Federal Register notice (note: text entered below can extend

beyond the apparent size of this box).

9. Is this product, or a comparable product, available from sources in third countries?:

10. Please provide the value and quantity (with units) of the Chinese-origin product of concern

that you purchased for each calendar year specified. Limit this figure to the products

purchased by your firm (or by members of your trade association) alone. Please provide 

estimates if precise figures are unavailable.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:

No No BCI BCI BCI BCI BCI BCI

See addendum for additional information.
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in Registration Statements No. 333-41961, No.333-33576, No. 333-56950, No. 333-65748, No. 333-90156, No. 333-107637, No. 333-118095, and No.333-134948 on Form S-8 of our reports dated February 27, 2007 (which reports express an unqualifiedopinion and includes an explanatory paragraph referring to the Company adopting the fair valuerecognition provisions of Statement of Financial Accounting Standards No. 123 (Revised 2004), *ShareBased Payment,*effective January 1, 2006), relating to the financial statements and financialstatement schedules of Amsurg Corp., and management’s report on the effectiveness of internalcontrol over financial reporting, appearing in the Annual Report on Form 10-K of AmSurg Corp. forthe year ended December 31, 2006./s/ DELOITTE & TOUCHE LLPNashville, TN