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

Judgment Supreme Court, Bronx County (Frank Diaz, J.), rendered April 21, 1988, which convicted defendant, after jury trial, of criminal sale of a controlled substance in the third degree and sentenced him to a prison term of 7 to 14 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to 5 to 10 years, and otherwise affirmed.

*259We have reviewed defendant’s claims regarding the sufficiency and weight of the evidence and find them without merit. Defendant’s guilt was established by the testimony of the undercover police officer who had purchased one glassine envelope of heroin from defendant in exchange for $10 and who had ample opportunity to observe the defendant during the transaction.

However, we find that the sentence of 7 to 14 years’ imprisonment imposed here is unduly harsh. Defendant was 40 years old at the time he committed this crime involving only a single $10 sale of heroin, with no other drugs or money being recovered from him. His only prior conviction also involved a minor drug sale, for which he was sentenced to five years’ probation from which he received an early discharge. It may also be noted that he had a positive employment history and possesses useful vocational skills which can be productively utilized upon his release. Accordingly, under these circumstances we find the sentence excessive to the extent indicated. Concur—Murphy, P. J., Carro, Milonas and Ellerin, JJ.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 713 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 713

 To promote accountability and transparency in future executive orders.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2021

   Mr. Mann introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
 To promote accountability and transparency in future executive orders.

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

SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS.

    (a) In General.--Not later than 30 days before issuing a qualifying 
executive order, the President shall transmit to the Congress, and make 
publicly available, a notification with respect to such executive 
order. Such notification shall contain--
            (1) the text of the executive order;
            (2) the Federal law or laws affected by the executive order 
        that is the subject of the notification;
            (3) how the President is working within the parameters 
        specified in Federal law and the Constitution;
            (4) the means by which the executive order will be 
        accomplished, including through any related Federal agencies or 
        departments; and
            (5) a comprehensive list of organizations, businesses, and 
        other parties or entities the President, or the President's 
        designee, engaged with prior to the issuance of such executive 
        order.
    (b) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 12 months thereafter, the President 
shall submit to the Congress a report on the outcome of each qualifying 
executive order issued during the period covered by the report.
    (c) Qualifying Executive Order.--The term ``qualifying executive 
order'' means any executive order (including an executive order that 
revokes or nullifies a previous executive order) issued on or after 
January 20, 2021, relating to agriculture, food, and the livelihood of 
farmers, ranchers, and producers in the United States.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-01-2000
<PERIOD-END>                               JUN-02-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   12,808
<ALLOWANCES>                                       371
<INVENTORY>                                     15,343
<CURRENT-ASSETS>                                30,109
<PP&E>                                          46,310
<DEPRECIATION>                                  20,942
<TOTAL-ASSETS>                                  57,072
<CURRENT-LIABILITIES>                           28,687
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,091
<OTHER-SE>                                      11,198
<TOTAL-LIABILITY-AND-EQUITY>                    57,072
<SALES>                                         37,897
<TOTAL-REVENUES>                                37,897
<CGS>                                           29,809
<TOTAL-COSTS>                                   36,704
<OTHER-EXPENSES>                                   (6)
<LOSS-PROVISION>                                     7
<INTEREST-EXPENSE>                               1,103
<INCOME-PRETAX>                                     96
<INCOME-TAX>                                        38
<INCOME-CONTINUING>                                 58
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        58
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .03



</TABLE>
Exhibit 10.28
                                  -------------

                             Escalade, Incorporated
                        Schedule of Director Compensation

         Each director of Escalade, Incorporated currently receives an annual
cash retainer of $6,000, with the exception of the Chairman of the Board who
receives an annual cash retainer of $22,000. The Chairman of the Audit Committee
receives an additional fee of $2,000 and the Chairman of the Compensation
Committee receives an additional fee of $1,000, in consideration of the extra
services required by each of them, respectively, as the chairman of such
committees. In addition, all directors receive $3,000 for each meeting attended
and are reimbursed for their expenses in attending the meetings. Directors who
are employees of the Company receive the same retainer and fees as directors who
are not employees.

         In accordance with the Company's 1997 Director Stock Compensation and
Option Plan which was approved by the Company's shareholders, directors may
elect to defer their director compensation and receive shares of the Company's
common stock instead. Each director who elects to receive shares also is granted
stock options in an amount equal to one half of the shares issued. The exercise
price of those options is based on the closing share price on the first business
day following the Company's annual meeting of shareholders.

                                       61
#### J. N. DEAL, Petitioner, v. Nathan MAYO, as Prison Custodian of the State of Florida, Respondent.

Supreme Court of Florida. Division A.

Dec. 7, 1954.

J. N. Deal, in pro. per.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.

*276TERRELL, Justice.

Petitioner was tried and convicted on information charging, in the first count, that petitioner “on the 14th day of March, A.D. 1952 * * * did unlawfully desert his two minor children, viz. Agnes Deal and Mary Deal”; second count, that petitioner “on the 14th day of March A.D. 1952 and from the said 14th day of March A.D. 1952 until the 28th day of July, A.D. 1953 * * * did then and there unlawfully withhold from his two minor children, viz. Agnes Deal and Mary Deal, the means of support.” A plea of guilty to the information was entered by petitioner, who was sentenced to serve one' year in the State prison on the first count and one year in the State prison on the second count, the two sentences to run consecutively.

Petitioner, by habeas corpus- in ■ this Court, challenges the validity of the second sentence to one year’s imprisonment in the State penitentiary.

It is contended that F.S. § 856.04, F.S.A., under which petitioner was convicted provides a maximum punishment or confinement of one-year in the State prison for deserting his child or children or who shall withhold from them or either of them' the means of support. In other words, the contention is that desertion and withholding the means of support, it matters not how long continued, constitute but one offense and only one prosecution will lie therefor. This view is supported by Brooke v. State, 99 Fla. 1275, 128 So. 814, 69 A.L.R. 1173; Haag v. State, 111 Fla. 781, 149 So. 566; Bueno v. State, 40 Fla. 160, 23 So. 862; Simmons v. State, 151 Fla. 778, 10 So.2d 436.

 We think these cases control the point, so it follows that the one year consecutive sentence under Count Two of the information was void and subject to collateral attack by habeas corpus on the ground (1) the court was devoid of jurisdiction to impose it, (2) it constituted double jeopardy which is condemned by law. Sullivan v. State ex rel. Cootner, Fla., 44 So.2d 96; 39 C.J.S., Habeas Corpus, § 23, pp. 474-475; Ex parte Snow, 120 U.S. 274, 7 S.Ct. 556, 30 L.Ed. 658; Ex parte Crawford, 109 Cal.App. 33, 292 P. 520.

It is accordingly our view that petitioner is unlawfully detained and that he should be and is entitled to be discharged.

It is so ordered.

ROBERTS, C. J., and SEBRING and MATHEWS, JJ., concur.
SECURITIES AND EXCHANGE COMMISSION


                        Washington, D.C. 20549

                      ___________________________

                               FORM 10-Q

              Quarterly Report Under Section 13 or 15(d)

                of the Securities Exchange Act of 1934

                   ________________________________

For the Quarter ended  September 30,1998 Commission File Number  1-5447 


                  PITTSBURGH & WEST VIRGINIA RAILROAD

    Pennsylvania                             25-6002536                
(State of Organization)            (I.R.S. Employer Identification No.)

                       Telephone -(304)926-1124*

Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange
Act of 1934 during the preceding 12 months (or for such shorter period
that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days.

     Yes   X        No      

Indicate the number of shares outstanding of each of the issuer's
classes of common stock, as of the close of the period covered by this
report.

          1,510,000 shares of beneficial interest, without par value.


                      ___________________________

* Notices and communications from the Securities and Exchange Commission
for the registrant may be sent to Robert A. Hamstead, Secretary and
Treasurer, #2 Port Amherst Drive, Charleston, WV 25306.
Exhibit 10.450


 


ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT


 


For
good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the undersigned, INLAND REAL ESTATE ACQUISITIONS INC., an Illinois corporation, (“Assignor”)
hereby assigns to INLAND WESTERN PHOENIX 31ST AVENUE, L.L.C., a
Delaware limited liability company, (“Assignee”) all of Assignor’s right, title
and interest as a party to that certain Purchase and Sale Agreement (the “Purchase
Agreement”) by and between INLAND REAL ESTATE ACQUISITIONS, INC., or its
designees, (collectively, “Purchaser”), and FRC WEST PROPERTY, L.L.C., AMERICAN
EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., and IDS PROPERTY CASUALTY
INSURANCE COMPANY, (collectively, “Seller”), dated December 16, 2004 for
purchase and sale of certain real property commonly known as 20022 N. 31st
Avenue, Phoenix, AZ (the “Property”).


 


By
execution hereof by Assignee, Assignee for itself and its successors and
assigns hereby accepts the assignment and assumes all of the obligations of
Assignor under the Purchase Agreement with respect to the Property.


 


This
Assignment is effective as of the 16 day of December, 2004.


 


	
  ASSIGNOR:

  	
   

  	
  INLAND REAL ESTATE
  ACQUISITIONS, INC.,

  an Illinois corporation

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
   

  	
  G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
  Its:

  	
  President

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ASSIGNEE:

  	
   

  	
  INLAND WESTERN PHOENIX 31ST
  AVENUE,

  L.L.C., a Delaware limited liability company

  By: Inland Western Retail Real Estate Trust, Inc.,

  its sole member

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Its:  Authorized Representative
#### In the Matter of Robin L., an Infant.

(Appeal No. 4.)

Order unanimously affirmed without costs. Same memorandum as in *Matter of Sommerville v Erie County Dept. of Social Servs.,*([appeal No. 1] 163 AD2d 838 [decided herewith]). (Appeal from order of Erie County Family Court, Manz, J.—custody.) Present—Boomer, J. P., Green, Pine, Davis and Lowery, JJ.
**EXHIBIT  32.5**

**Certification Pursuant to Section 1350 of Chapter 63 of Title 18****of the United States Code**

I, Thomas M. O’Flynn, Chief Financial Officer of PSEG Power LLC, to the best of my knowledge, certify that (i) the Quarterly Report of PSEG Power LLC on Form 10-Q for the quarter ended June 30, 2003 (the “Periodic Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of PSEG Power LLC.

 

|   |   |   |                                                                       |
|--------|--------|--------|----------------------------------------------------------------------------|
|        |   |   | /s/ Thomas M. O’Flynn                                                 |
|   |   |   |                                                                            |
|   |   |   | Thomas M. O’FlynnPSEG Power LLCChief Financial Officer August 1, 2003 |

----
EXHIBIT
      32.1




CERTIFICATION
      PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the quarterly report on Form 10-Q of Porta Systems Corp. (the
      “Company”) for the period ended June 30, 2008, as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Edward B. Kornfeld,
      Chief Executive Officer and Chief Financial Officer of the Company, do hereby
      certify pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
      Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief that:




(1) the
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and




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






Dated:
                  August 14, 2008
              By:
              /s/Edward
                B.
                KornfeldEdward B. KornfeldChief
                Executive
                Officerand
                  Chief Financial Officer






This
      certification accompanies each Report pursuant to §906 of the Sarbanes-Oxley Act
      of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
      Act
      of 2002, be deemed filed by the Company for purposes of §18 of the Securities
      Exchange Act of 1934, as amended.




A
      signed
      original of this written statement required by §906 of the Sarbanes-Oxley Act of
      2002 has been provided to the Company and will be retained by the Company and
      furnished upon request.
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

JAMES M. HENDRIX, DOC #T17743, ) ) Appellant, ) ) v. ) Case No. 2D16-1266 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed August 9, 2017. Appeal from the Circuit Court for Polk County; Glenn T. Shelby and James A. Yancey, Judges. Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Brandon R. Christian, Assistant Attorney General, Tampa, for Appellee.

ROTHSTEIN-YOUAKIM, Judge. James M. Hendrix appeals the judgment and sentence entered af ter a jury found him guilty of two counts of burglary of a dwelling and tw o counts of grand theft. We reject Hendrix's argument tha t the trial court, after appoin ting an expert to evaluate- 2 - his competency to proceed to trial, failed to hold an adequate competency hearing and failed to sufficiently determine that he was competent to proce ed; the record establishes that the court properly made an independent determination of He ndrix's competency. See Arnold v. State, 214 So. 3d 739, 740 (Fla. 2d DCA 2017). The trial court, however, only orally pronounced this determina tion and did

not enter a written order of c ompetency as required by Florida Rule of Criminal Procedure 3.212(b). The unsigned "memo of sentence/order of th e court," which was filed with the clerk of the circuit court following the compete ncy hearing and states "Comp Hrg-Held-Evals Rec: Deft Comp to proceed," does not satis fy the requirement of a written competency order. See Shakes v. State, 185 So. 3d 67 9, 682 n.2 (Fla. 2d DCA 2016) (citing Carroll v. State, 157 So. 3d 385, 386 (Fla. 2 d DCA 2015)); see also Phillips v. State, 198 So. 3d 789, 790 n.2 (Fla. 2d DCA 2016) ( collecting cases in which this court has repeatedly discour aged use of "memo of sentence/ order of the court"). Accordingly, we affirm Hendrix's judgment and sentence but rema nd for the entry of a nunc pro tunc written order adjudicating him com petent to proceed. See Arnold, 214 So. 3d at 740 (citing Holland v. State, 185 So. 3d 636, 637 (Fla. 2d DCA 2016)). Affirmed; remanded with directions.

VILLANTI and CRENSHAW, JJ., Concur.
Exhibit 31.3

Section 302 Certification

I, Joseph J. Berns, Vice President- Finance and Chief Financial
Officer of Plymouth Rubber Company, Inc., certify that:

1. I have reviewed this quarterly report on Form 10-Q of Plymouth
Rubber Company, 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 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) [Omitted]

(c) 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

(d) 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 registrant's 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 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 function):

(a) All significant deficiencies and material weaknesses in the
design or operation of internal controls over financial reporting
which are reasonable 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: July 12, 2004               /s/ Joseph J. Berns
                                  -------------------------
                                      Joseph J. Berns
                            Vice President-Finance and Chief
                                     Financial Officer