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

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fertig, J.), rendered November 2, 1988, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The instant case arises out of a burglary which occurred on September 24, 1987, at the apartment of the complaining witness. During the burglary, the complaining witness was able to see the defendant entering her bedroom through the window, under good lighting conditions, at a distance of 10 to 15 feet, for approximately 3 to 5 seconds. After the police apprehended the defendant approximately seven minutes after the crime and one block away from the complainant’s apartment, a showup was conducted at the scene. The hearing court found that the showup was highly suggestive and unnecessary since an arrest had already been made, negating the need for immediate identification. However, the court allowed the complainant to make an in-court identification of the defendant based on clear and convincing evidence of an independent source for her identification of the defendant.

It is well settled that a witness may still identify the perpetrator of a crime as part of his or her in-court testimony *714notwithstanding the existence of an unduly suggestive pretrial identification, provided that the People demonstrate by clear and convincing evidence that the in-court identification is based upon the witness’s independent observation of the defendant *(see, Manson v Brathwaite,*432 US 98, 114-115; *Neil v Biggers,*409 US 188, 199-200; *United States v Wade,*388 US 218, 241; *People v Adams,*53 NY2d 241, 251; *People v Thomas,*51 NY2d 466, 474-475). The amount of time a witness has to observe the defendant is only one factor to be considered under the totality of circumstances surrounding an identification *(see, People v Neese,*138 AD2d 531; *People v Androvett,*135 AD2d 640, 642). In this case, the complaining witness had an unobstructed view of the defendant under good lighting conditions and her description was sufficiently specific as to establish her ability to observe the perpetrator at the time of the crime. Bracken, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.
[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Notices]
[Page 20555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11416]



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

UNITED STATES INFORMATION AGENCY


Culturally Significant Objects Imported for Exhibition; 
Determination

    Notice is hereby given of the following determination: Pursuant to 
the authority vested in me by the Act of October 19, 1965 (79 Stat. 
985, 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978 (43 F.R. 
13359, March 29, 1978), and Delegation Order No. 85-5 of June 27, 1985 
(50 FR 27393, July 2, 1985), I hereby determine that the objects to be 
included in the exhibit, ``Africa: The Art of a Continent'' (See 
list\1\), imported from abroad for the temporary exhibition without 
profit within the United States, are of cultural significance. These 
objects are imported pursuant to a loan agreement with the foreign 
lenders. I also determine that the exhibition or display of the listed 
exhibit objects at the Solomon R. Guggenheim Museum from on or about 
June 4, 1996, through September 29, 1996, is in the national interest. 
Public Notice of this determination is ordered to be published in the 
Federal Register.

    \1\ A copy of this list may be obtained by contacting Ms. Neila 
Sheahan, Assistant General Counsel, at 202/619-5030, and the address 
is Room 700, U.S. Information Agency, 301 4th Street SW., 
Washington, D.C. 20547-0001.
---------------------------------------------------------------------------

    Dated: May 2, 1996.
Les Jin,
General Counsel.
[FR Doc. 96-11416 Filed 5-2-96; 4:38 pm]
BILLING CODE 8230-01-M
Exhibit
32.2
   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 BMX Development Corp. (the "Company") on
Form 10-Q for the three months ended March 31, 2010 as filed with the Securities
and Exchange Commission (the "Report"), 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 my knowledge:
  1.
              The
      Report fully complies with the requirements of Section 13(a) or 15(d) 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.
 
 
 Date: May
12,
2010                                                                       By: /s/ Dean
Stewart
 Dean
Stewart
 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 this quarterly report of Peer Review Mediation and
Arbitration, Inc. (the "Company") on Form 10-Q for the quarter ended
June 30, 2011, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), we, the undersigned, in the capacities
and on the date indicated below, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of our knowledge:

   1.  The Report fully complies with the requirements of Rule 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.



                                 /s/Willis Hale
                                 ----------------------
                                 Willis Hale
                                 Chief Executive Officer


                                 /s/Marc E. Combs
                                 ----------------------
                                 Marc E. Combs
                                 Chief Financial Officer

Dated:  August 22, 2011
H. Res. 281 

In the House of Representatives, U. S., 

March 25, 2009. 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule 

XVIII, declare the House resolved into the Committee of the 

Whole House on the state of the Union for consideration of 

the bill (H.R. 1404) to authorize a supplemental funding 

source for catastrophic emergency wildland fire suppression 

activities on Department of the Interior and National Forest 

System lands, to require the Secretary of the Interior and the 

Secretary of Agriculture to develop a cohesive wildland fire 

management strategy, and for other purposes. The first reading of the bill shall be dispensed with. All points of order 

against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall 

be confined to the bill and shall not exceed one hour equally 

divided and controlled by the chair and ranking minority 

member of the Committee on Natural Resources. After general debate the bill shall be considered for amendment under 

the five-minute rule. The bill shall be considered as read. All 
2 

•HRES 281 EH 

points of order against provisions in the bill are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the 

bill shall be in order except those printed in the report of the 

Committee on Rules accompanying this resolution. Each such 

amendment may be offered only in the order printed in the 

report, may be offered only by a Member designated in the 

report, shall be considered as read, shall be debatable for the 

time specified in the report equally divided and controlled by 

the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for division 

of the question in the House or in the Committee of the 

Whole. All points of order against such amendments are 

waived except those arising under clause 9 or 10 of rule XXI. 

At the conclusion of consideration of the bill for amendment 

the Committee shall rise and report the bill to the House with 

such amendments as may have been adopted. The previous 

question shall be considered as ordered on the bill and 

amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. 

Attest: 

Clerk.
<Page>

                                                                   EXHIBIT 32.02

                           SECTION 1350 CERTIFICATION

In connection with this quarterly report of ML Appleton FuturesAccess LLC (the
"Company") on Form 10-Q for the period ended September 30, 2005 as filed with
the Securities Exchange Commission on the date hereof (this "Report"), I,
Michael L. Pungello, Chief Financial Officer and Treasurer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the
Sarbanes-Oxley Act of 2002, that:

1. This 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 this Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: November 14, 2005
-----------------------

By /s/ MICHAEL L. PUNGELLO
   -----------------------
Michael L. Pungello
Vice President, Chief Financial Officer
and Treasurer
(Principal Financial and Accounting Officer)
[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Page 20768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11486]



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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Chapter XIV


Older Workers Benefit Protection Act of 1990 (OWBPA)

AGENCY: Equal Employment Opportunity Commission (EEOC).

ACTION: Fifth Meeting of Negotiated Rulemaking Advisory Committee.

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

SUMMARY: EEOC announces the dates of the fifth meeting of the 
``Negotiated Rulemaking Advisory Committee for Regulatory Guidance on 
Unsupervised Waivers of Rights and Claims under the Age Discrimination 
in Employment Act'' (the Committee). A Notice of Intent to form the 
Committee was published in the Federal Register on August 31, 1995, 60 
F.R. 45388, and a Notice of Establishment of the Committee was 
published in the Federal Register on October 20, 1995, 60 F.R. 54207.

DATES: The fifth meeting will be held on June 18-19, 1996, beginning at 
10:00 a.m. on June 18. It is anticipated that the meeting will last for 
two days. The session of June 19, 1996 will commence at 9:00 a.m.

ADDRESSES: The meeting will be held at the EEOC Headquarters, 1801 L 
Street, NW., Washington, DC 20507.

FOR FURTHER INFORMATION CONTACT:
Joseph N. Cleary, Paul E. Boymel, or John K. Light, ADEA Division, 
Office of Legal Counsel, EEOC, 1801 L Street, NW., Washington, DC 
20507, (202) 663-4692.

SUPPLEMENTARY INFORMATION: All Committee meetings, including the 
meeting of June 18-19, will be open to the public. Any member of the 
public may submit written comments for the Committee's consideration, 
and may be permitted to speak at the meeting if time permits. In 
addition, all Committee documents and minutes will be available for 
public inspection in EEOC's Library (6th floor of the EEOC 
Headquarters).
    Persons who need assistance to review the comments will be provided 
with appropriate aids such as readers or print magnifiers. To schedule 
an appointment call (202) 663-4630 (voice), (202) 663-4630 (TDD). 
Copies of this notice are available in the following alternate formats: 
large print, braille, electronic file on computer disk, and audio tape. 
Copies may be obtained from the Office of Equal Employment Opportunity 
by calling (202) 663-4395 (voice), (202) 663-4399 (TDD).

PURPOSE OF MEETING/SUMMARY OF AGENDA: At the meeting, the Committee 
will continue to discuss the unsupervised waiver legal issues that will 
be considered by the Committee in drafting a recommended notice of 
proposed rulemaking for EEOC approval.

    Dated: May 1, 1996.
Frances M. Hart,
Executive Officer.
[FR Doc. 96-11486 Filed 5-7-96; 8:45 am]
BILLING CODE 6570-06-M
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Presidential Documents]
[Page 24667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12242]





                        Presidential Documents 



Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / 
Presidential Documents

[[Page 24667]]


                Memorandum of April 26, 1996

                
Suspension of the Proviso Limiting Implementation 
                of Subsections (a), (b), (c), (e), (g), or (i) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533) 
                Contained in the Omnibus Consolidated Rescissions and 
                Appropriations Act of 1996 (H.R. 3019)

                Memorandum for the Secretary of the Interior [and] the 
                Secretary of Commerce

                    By the authority vested in me by the final proviso 
                under the heading of United States Fish and Wildlife 
                Service, Resource Management, of title I of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 1996 (authorizing the suspension of 
                the preceding proviso limiting implementation of 
                subsections (a), (b), (c), (e), (g), or (i) of section 
                4 of the Endangered Species Act of 1973 (16 U.S.C. 
                1533) (``limitation proviso'')), and section 301 of 
                title 3, United States Code, I hereby suspend that 
                limitation proviso because I have determined that such 
                suspension is appropriate based upon the public 
                interest in sound environmental management, sustainable 
                resource use, protection of national or locally-
                affected interests, and protection of cultural, 
                biological, or historic resources.
                    This suspension is effective immediately and shall 
                continue until the limitation proviso expires.
                    The Secretary of the Interior is authorized to 
                report this suspension to the Congress and to publish 
                this memorandum in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, April 26, 1996.

[FR Doc. 96-12242
Filed 5-15-96; 8:45]
Billing code 4310-10-M
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**

 

To my knowledge, the Annual Report on Form 10-K for the year ended January 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in this Report fairly represents, in all material respects, the financial condition and results of operations of Ulticom, Inc.   

 

 

 

| Date:  September 30, 2009 | By:    | /s/ Shawn K. Osborne |
|-------------------------------------|--------|----------------------|
|                                |   |                 | Shawn K. Osborne |
|                                |   |                 | President and |
|                                |   |                 | Chief Executive Officer |

 

 

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.
[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Notices]
[Page 17574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8485]



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

DEPARTMENT OF JUSTICE
Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993; Petroleum Environmental Research Forum 
(``PERF'') Project No. 92-25

    Notice is hereby given that, on December 16, 1994, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Conoco Inc., acting on 
behalf of the participants in the PERF Project No. 93-25, has filed 
written notifications simultaneously with the Attorney General and the 
Federal Trade Commission disclosing (1) the identities of the parties 
and (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: Amoco Oil Co., Naperville, IL; BP Oil Co., Cleveland, 
OH; Conoco Inc., Houston, TX; Gas Research Institute, Chicago, IL; Oryx 
Energy, Dallas, TX; Texaco Inc., Port Arthur, TX; ANR Pipeline, 
Detroit, MI; Chevron Research & Technology, Richmond, CA; Exxon 
Research & Engineering Co., Florham Park, NJ; Mobil Inc., Princeton, 
NJ; Shell Development C., Houston, TX; and Union Oil Company of 
California, Brea, CA.
    The nature and objectives of the research program performed in 
accordance with PERF Project No. 93-25 are to perform remediation 
studies of contaminated groundwater via air sparging, biosparging, or 
other innovative delivery systems.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-8485 Filed 4-5-95; 8:45 am]
BILLING CODE 4410-01-M
<PAGE>

                                                                    EXHIBIT 21.1


SUBSIDIARIES OF REGISTRANT                        JURISDICTION OF INCORPORATION
--------------------------                        -----------------------------

Nuance Communications International, Inc.         Delaware

Nuance Communications Limited                     United Kingdom

Nuance Communications SARL                        France

Nuance Communications Montreal Limited            Canada

Nuance Communications Ottawa Limited              Canada

1448451 Ontario Inc.                              Canada

Nuance Communications Hong Kong Limited           Hong Kong

Nuance Communications Singapore Pte. Limited      Singapore

Nuance Communications Ltda                        Brazil

Nuance Communications Spain S.L.                  Spain

Nuance Communications Gmbh                        Germany

Nuance Communications KK                          Japan

Nuance Communications Korea Inc.                  Korea

Nuance Communications Italy SRL                   Italy
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 1 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 2 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 3 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 4 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 5 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 6 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 7 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 8 of 9
Case 2:17-mj-09495-ESW Document 3 Filed 10/31/17 Page 9 of 9
**EXHIBIT
      32.1**




**MMC
      ENERGY, INC.**


**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 MMC Energy, Inc. (the “Company”) on Form
      10-Q for the quarter ended September 30, 2008, as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Michael J. Hamilton,
      Chief Executive 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 results of operations of the Company.





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





November
      14, 2008





/s/
                Michael J. HamiltonMichael
                J. HamiltonChief
                Executive Officer





The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002 and is not being filed as part of this Report or
      as a
      separate disclosure document.