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

[745 NYS2d 695]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered April 12, 2000, convicting him of attempted murder in the second degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he intended to kill the complainant is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Gray,*86 NY2d 10, 19; *People v Carolan,*265 AD2d 337; *People v Udzinski,*146 AD2d 245), as he failed to specifically raise this issue in either of his motions for a trial order of dismissal *(see People v Williams,*247 AD2d 416, 417). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt *(see People v Flores,*284 AD2d 230; *People v Corrado,*256 AD2d 586; *People v Francis,*209 AD2d 539, 540). Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence are primarily questions to be determined by the trier of fact, which saw and heard the witnesses *(see People v Gaimari,*176 NY 84, 94). Its determination should be given great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80). Altman, J.P., Krausman, Schmidt and Crane, JJ., concur.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 9Federal Reserve Bank of: MinneapolisFilings received during the week ending March 21, 2020FilerFiling TypeFiling ProposalEnd of Comment PeriodWESTERN BANCORPORATION, INC.                                                                                            CICWilliam S. Lewis, Hermantown, Minnesota, individually and as co-trustee of the Western National Bank and Affiliates Employee Stock Ownership Plan (co-trustee, Stephen Lewis), Duluth, Minnesota, to retain shares and join the Lewis family group, a group acting in concert, that controls Western Bancorporation, Inc., Duluth, Minnesota ("Company"). Company controls Cass Lake Company, Cass Lake, Minnesota, Western National Bank, Duluth, Minnesota, and Western National Bank of Cass Lake, Cass Lake, Minnesota. Newspaper: Not availableFederal Register: 04/06/2020
<PAGE>
 
                                                                    EXHIBIT 10.1


                                LEASE AMENDMENT
                                ---------------

                            TITAN EXPLORATION, INC.



        FASKEN CENTER, LTD., a Texas Limited Partnership, (hereinafter called
"Lessor") and TITAN EXPLORATIION, INC., (hereinafter called "Lessee"), regarding
that certain Lease Agreement dated April 4, 1997, covering approximately 44,270
square feet of Net Rentable Area located on Levels Two (2), Four (4) and Five
(5) of One Fasken Center at 500 West Texas Avenue, Midland, Texas 79701,
collectively known as Suite 500, do hereby amend said document under the
following terms and conditions:


     1. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor
        an additional approximately 6,667 square feet of Net Rentable Area
        located on Level Six (6) of One Fasken Center and further described as
        "Expansion Space" on the attached floor plan identified as Exhibit "A".

     2. The rental for the Expansion Space shall be Fifty-Six Thousand Six
        Hundred Sixty-Nine and 50/100 Dollars ($ 56,669.50) per year payable in
        monthly installments of Four Thousand Seven Hundred Twenty-Two and
        46/100 Dollars ($ 4,722.46) each.

     3. The Lease Term for this Lease Amendment shall run coterminous with the
        original Lease Agreement beginning on June 1, 1998 and expiring on March
        14, 2002.

     4. Lessee shall accept the Expansion Space in "As Is" condition. All 
        finish-out costs associated with the remodeling of the Expansion Space
        shall be Lessee's sole responsibility.


     EXCEPT as hereby expressly amended, Lessor and Lessee do hereby ratify and
affirm all of the terms, conditions and covenants of said Lease Agreement.



     WITNESS the execution hereby this the 19th day of August, 1998.



FASKEN CENTER, LTD.                           TITAN EXPLORATION, INC.
a Texas Limited Partnership

By:  550 Texas, Inc., General Partner
     a Texas Corporation



By  /s/ Wendell L. Brown, Jr.                 By /s/ W.K. White
  --------------------------------              --------------------------------

Name: Wendell L. Brown, Jr.                   Name: W.K. White
      ----------------------------                 -----------------------------

Title: Vice President                         Title: Vice President
       ---------------------------                  ----------------------------
#### In the Matter of Johnnie Bunting, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[809 NYS2d 588]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting possession of a weapon after a search of his cell uncovered a small piece of sharpened metal wrapped in tape hidden in a crack in the cell wall. Following a disciplinary hearing, petitioner was found guilty and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We are unpersuaded by petitioner’s contention that because his cell was not searched prior to him moving in, the determination must be annulled. Inasmuch as the weapon was found *846within petitioner’s cell which he had occupied for over a month, an inference of possession arises *(see Matter of Shackleford v Goord,*3 AD3d 622, 623 [2004]; *Matter of Lam Trang v Goord,*283 AD2d 816, 817 [2001]; *Matter of Valdes v Selsky,*269 AD2d 710, 710-711 [2000]). This inference, together with the misbehavior report and corroborating testimony from the correction officer who discovered the weapon, provides substantial evidence to support the determination of guilt *(see Matter of Shackleford v Goord, supra*at 623; *Matter of Francois v Goord,*275 AD2d 852 [2000]). To the extent that petitioner was denied a photograph of the weapon, he has established no prejudice therefrom inasmuch as he was shown the weapon at the time that it was found in his cell and it was described in detail in the misbehavior report *(see e.g. Matter of Reed v Selsky,*9 AD3d 710, 711 [2004], *lv denied*3 NY3d 611 [2004]; *Matter of Folk v Goord,*307 AD2d 500, 501 [2003]). Although petitioner requested the photograph, in part, to establish that it was too small to constitute a weapon, it was within the province of the Hearing Officer, who personally viewed the weapon, to reject such a defense *(see Matter of Camacho v Goord,*18 AD3d 1046, 1047 [2005]). Finally, the record establishes that petitioner was afforded a fair and impartial hearing and that the determination resulted from the evidence presented and not from any alleged bias on the part of the Hearing Officer *(see Matter of Jackson v Goord,*18 AD3d 973, 974 [2005], *lv denied*5 NY3d 713 [2005]; *Matter of Perkins v Goord,*290 AD2d 700, 701 [2002]).

Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Exhibit  99.4


CERTIFICATION  OF CHIEF FINANCIAL OFFICER 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 Annual Report of Pizza Inn, Inc. ("the Company") on Form
10-K  for  the  year  ended  June 29, 2003 as filed with Securities and Exchange
Commission  on  the  date  hereof  ("the  Report"),  I,  Shawn M. Preator, 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  (15  U.S.C.  78m  or  78o(d)); and

2.     I  have  reviewed  this  annual  report  on  Form  10-K  of  the Company;

3.     Based  on  my  knowledge,  this annual 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 annual
report;

4.     Based  on  my  knowledge,  the  financial statements, and other financial
information  included  in  this  annual  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 annual report.

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

  September 25, 2003                              ______________________________
                                                            /s/ Shawn M. Preator
                                                                Shawn M. Preator
                                                         Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
Paradise Music + Entertaiment, Inc.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-START>                                 JUL-01-1996
<PERIOD-END>                                   MAR-31-1997
<CASH>                                           5,756,574
<SECURITIES>                                             0
<RECEIVABLES>                                       37,321
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                 5,892,793
<PP&E>                                             305,951
<DEPRECIATION>                                     180,059
<TOTAL-ASSETS>                                   6,351,757
<CURRENT-LIABILITIES>                              949,658
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            22,263
<OTHER-SE>                                       5,379,836
<TOTAL-LIABILITY-AND-EQUITY>                     6,351,757
<SALES>                                          2,310,631
<TOTAL-REVENUES>                                 2,852,568
<CGS>                                            1,595,834
<TOTAL-COSTS>                                    1,595,834
<OTHER-EXPENSES>                                 1,920,544
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                   (633,833)
<INCOME-TAX>                                      (313,000)
<INCOME-CONTINUING>                               (320,833)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (320,833)
<EPS-PRIMARY>                                         (.24)
<EPS-DILUTED>                                         (.24)
        


</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Condensed Consolidated Balance Sheet as of June 30, 2000 and Condensed
Consolidated Statement of Operations for the six months ended June 30, 2000 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                    1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          30,565
<SECURITIES>                                       226
<RECEIVABLES>                                   27,908
<ALLOWANCES>                                     1,709
<INVENTORY>                                          0
<CURRENT-ASSETS>                                64,866
<PP&E>                                          25,917
<DEPRECIATION>                                   8,108
<TOTAL-ASSETS>                                 207,608
<CURRENT-LIABILITIES>                           41,207
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                     163,954
<TOTAL-LIABILITY-AND-EQUITY>                   207,608
<SALES>                                         61,362
<TOTAL-REVENUES>                                61,362
<CGS>                                                0
<TOTAL-COSTS>                                   69,994
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (981)
<INCOME-PRETAX>                                (7,651)
<INCOME-TAX>                                     1,071
<INCOME-CONTINUING>                            (8,722)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,722)
<EPS-BASIC>                                     (0.36)
<EPS-DILUTED>                                   (0.36)


</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1221 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1221

   To provide for the enactment of comprehensive health care reform.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2007

   Mr. Kerry introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
   To provide for the enactment of comprehensive health care reform.

    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 ``Countdown to Coverage Act of 2007''.

SEC. 2. COMPREHENSIVE HEALTH CARE REFORM.

    (a) In General.--If a provision of law that ensures accessible, 
affordable, and meaningful health insurance for all Americans is not 
enacted before the adjournment, sine die, of the 111th Congress, as 
determined by Institute of Medicine, there shall be no Government 
contribution under section 8906 of title 5, United States Code, for any 
Member of Congress and any Member of Congress shall pay 100 percent of 
all premiums for any health benefits plan under chapter 89 of that 
title.
    (b) Notification.--The Institute of Medicine shall submit timely 
notice to the Office of Personnel Management, the Secretary of the 
Senate, and the Chief Administrative Officer of the House of 
Representatives of--
            (1) the determination that a provision of law has not been 
        enacted before the adjournment, sine die, of the 111th 
        Congress, as described under subsection (a); and
            (2) the dates and adjustments that are required to take 
        effect under this Act.
    (c) Adjustments.--After receiving notice under subsection (b), the 
Office of Personnel Management, the Secretary of the Senate, and the 
Chief Administrative Officer of the House of Representatives shall make 
such adjustments as may be necessary on the first day of the first 
applicable pay period beginning on or after the date of that notice.
    (d) Regulations.--The Office of Personnel Management may prescribe 
regulations to carry out this section.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           2,342
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 5,810
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     17,914
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         30,939
<ALLOWANCE>                                        524
<TOTAL-ASSETS>                                  59,624
<DEPOSITS>                                      45,845
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                261
<LONG-TERM>                                      5,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,714
<OTHER-SE>                                       3,804
<TOTAL-LIABILITIES-AND-EQUITY>                  59,624
<INTEREST-LOAN>                                  1,427
<INTEREST-INVEST>                                  552
<INTEREST-OTHER>                                    72
<INTEREST-TOTAL>                                 2,052
<INTEREST-DEPOSIT>                                 642
<INTEREST-EXPENSE>                                 745
<INTEREST-INCOME-NET>                            1,307
<LOAN-LOSSES>                                      150
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,131
<INCOME-PRETAX>                                    185
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       114
<EPS-BASIC>                                       0.12
<EPS-DILUTED>                                     0.12
<YIELD-ACTUAL>                                    5.24
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   373
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         1
<ALLOWANCE-CLOSE>                                  524
<ALLOWANCE-DOMESTIC>                               524
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0




</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

 v. Case No. 08-cr-119-02-SM

Carlos Marsach

O R D E R

Defendant's motion to continue the trial for ninety days (document no. 44) is

granted. Trial has been rescheduled for the January trial period. Defendant shall file

a Waiver of Speedy Trial Rights not later than October 26, 2009. On the filing of such

waiver, his continuance shall be effective.

The court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18 U.S.C.

§ 3161(h)(8)(B)(iv), in that failure to grant a continuance would unreasonably deny

the defendant the reasonable time necessary for effective preparation taking into

account the exercise of due diligence under the circumstances.

Case 1:08-cr-00119-SM Document 45 Filed 10/15/09 Page 1 of 2
2

Final Pretrial Conference: January 13, 2010 at 4:00 PM 

Jury Selection: January 20, 2010 at 9:30 AM

SO ORDERED.

October 15, 2009 _________________________

Steven J. McAuliffe

Chief Judge

cc: Counsel of Record

 U. S. Probation

 U. S. Marshal

Case 1:08-cr-00119-SM Document 45 Filed 10/15/09 Page 2 of 2
Exhibit 32

PARADISE MUSIC & ENTERTAINMENT, 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 Paradise Music &
Entertainment, Inc. (the "Company") on Form 10-Q for the period ended
June 30, 2007, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Richard P. Rifenburgh, the Chairman of
the Board (Principal Executive Officer, Principal Financial Officer,
Principal Accounting Officer), hereby certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that to the best of my 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 result of operations
of the Company.

       /s/ Richard P. Rifenburgh

       Richard P. Rifenburgh
       Chairman of the Board
     (Principal Executive Officer,
	Principal Financial Officer,
       Principal Accounting Officer)


Date: March 6, 2009