alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hide Fuel Corp., Appellant, *v.*Dominick Tomasone, Respondent.

Supreme Court, Appellate Term, First Department,

December 13, 1956.

*Samuel Greenstein*for appellant.

*George H. Parker*for respondent,

*919
      *Per Curiam.*

The lease of the entire parking lot made to the tenant by the receiver, the predecessor in interest of the landlord herein, on April 1, 1953, was not a lease of the same space theretofore occupied by the tenant for the storage of his truck. The lease was, therefore, to a person not in possession of the demised space at the time of its execution (Commercial Rent Law, § 13; L. 1945, ch. 315, as amd. by L. 1952, ch. 416); since the lease was executed after March 31, 1950, the Commercial Rent Law was inapplicable to the space. The landlord was, therefore, entitled to a final order.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.
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
September 30, 2008, 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 24, 2009
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1996
<CASH>                                          13,380
<SECURITIES>                                         0
<RECEIVABLES>                                   96,919
<ALLOWANCES>                                     4,021
<INVENTORY>                                    100,839
<CURRENT-ASSETS>                               217,764
<PP&E>                                          49,468
<DEPRECIATION>                                  25,155
<TOTAL-ASSETS>                                 319,665
<CURRENT-LIABILITIES>                          131,603
<BONDS>                                        186,473
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            55
<OTHER-SE>                                     (7,041)
<TOTAL-LIABILITY-AND-EQUITY>                   318,993
<SALES>                                        527,866
<TOTAL-REVENUES>                               527,866
<CGS>                                          487,756
<TOTAL-COSTS>                                   35,223
<OTHER-EXPENSES>                                   392
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,391
<INCOME-PRETAX>                                    104
<INCOME-TAX>                                        42
<INCOME-CONTINUING>                                 62
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        62
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Bertha Watson, Claimant, *v.*State of New York, Defendant. John Watson, Claimant, *v.*State of New York, Defendant. Mae Higginson, Claimant, *v.*State of New York, Defendant.

(Claim No. 32652.)

(Claim No. 32653.)

(Claim No. 33295.)

Court of Claims,

May 18, 1957.

*869
      *Michael Sweeney*and *Francis J. Keehan*for John Watson and another, claimants.

*Earl Matte*for Mae Higginson, claimant.

*Jacob K. Javits, Attorney-General (Joseph A. Cutro*of counsel), for defendant.

Fred A. Young, J.

Claimants were injured on March 29, 1954, in a collision with a truck of the New York National Guard driven by one Stanley Briggs, in Whitehall, New York. Briggs was operating the truck in line of his duty as a civilian employee, under the title of National Guard maintenance employee, and as such was a custodian of the military vehicles of the Whitehall unit. (It is immaterial that Briggs was also a member of the National Guard since he was not on duty as a guardsman at the time.)

The evidence leaves little doubt of Briggs’ negligence but there remains the question of the State’s liability for it.

Section 8-a of the Court of Claims Act waives the State’s immunity from liability with respect to the torts of members of the organized militia and employees in the division of military and naval affairs, with certain limitations. Immunity is expressly not waived *“*in circumstances where under the laws of the United States liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability under the laws of the United States ”.

The United States has assumed liability for the torts of civilian employees of Briggs’ category. *(United States*v. *Holly,*192 F. 2d 221; *Elmo*v. *United States,*197 F. 2d 230; *United States*v. *Duncan,*197 F. 2d 233; *Courtney*v. *United States,*230 F. 2d 112.)

The claims are dismissed in an accompanying decision.
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

In connection with the Quarterly Report of Intraware, Inc. (the "Company") on Form 10-Q for the period ended August 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I Peter H. Jackson, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

(1)   The
Form 10-Q 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)   The
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Dated:
October 15, 2003

|/s/PETER H. JACKSONPeter H. Jackson President and Chief
Executive Officer of
Intraware, Inc.
(Principal Executive 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 the Quarterly Report of Intraware, Inc. (the "Company") on Form 10-Q for the period ended August 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I Wendy A. Nieto, Chief Financial Officer and Executive Vice President of Technology and
Operations, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

(1)   The
Form 10-Q 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)   The
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Dated:
October 15, 2003

|/s/WENDY A. NIETOWendy A. Nieto Chief Financial Officer and
Executive
Vice President of Technology and
Operations of Intraware, Inc.
(Principal Finance Officer) |  | 
|---------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | 

---

QuickLinks
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

___________________________ No. 02

- 21

- 00236

- CV

___________________________

On Appeal from County Court at Law No. 2

Denton Coun ty , Texas Trial Court No. CV

- 2021

- 02362

- JP

Before Womack, Wallach, and Walker, JJ. Per Curiam Memorandum Opinion 

### S TE PHEN 

### N ORMANDIN 

### , AND 

### A LL 

### O CCUPANTS OF 

### 5029 A RBOR 

### G LEN



### R OAD 

### , T HE 

### C OLONY 

### , T EXAS 

### , Appellant

V



### .
K ENNE TH 

### H UGGINS 

### , Appellee2 MEMORANDUM OPINION AND JUDGMENT
On December 14, 2021, we notified appellant that his brief had not been filed
as the appellate rules require

. See Tex. R. App. P. 38.6(a). We stated that we could
dismiss the appeal for want of prosecution unless
, by December 27
, appellant filed

with the court a n appellant ’ s brief and a n accompanying motion reasonably explaining
the brief’s untimely filing and why an extension was needed. See Tex. R. App. P.
10.5(b), 38.8(a)(1), 42.3(b). We have received no response. Because appellant has failed to file a brief even after we afforded an
opportunity to explain the initial failure, we dismiss the appeal for wan t of
prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Per Curiam

Delivered : January 20, 2022
.

R S16.00

D SO.o0

2010103094 LP

11ノ 17ノ 201o ll:13:12 AM 2 Pageく s)

efferson county′ cotO rado

UNEED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Ci宙l Action No.10‐ cv‐02794‐ JLK‐KLM

SECtRTlES AND EXCHANGE COヽ641SSION,

Pl譴

V.

RICHARD DALTON,and

UNIVERSAL CONSULTNG RESOURCES LLC,

Dcfendant

and 

NIARIE DALTON,

RellefI〕 efendant

|ヽ

NOTICE OF LIS PENDENS

Notice is given that the above entted a磁 on was flled in the above‐entitled court on

November 16,2010 by the United States Securities and Exchange Comlnision,plainit against

defendants RIchard Dalton and Univcrsal Consulting Resources,LLC atld reliefdcfcndant MaHe

Dalton.The"おn arccts title tO spcciflc real propcrty and“ nght to possession of real

pЮpmy descibed in the complaint as`the Cole Street Propeゥ ''pocketNo.1]

ne rcal prOpcrけ arected by this action is located at 927 Cole Str∝ t,Gold切,C080401

in Jefferson County,Colorado,and is more pani"larly dcscibed as fol10ws:

PARCL B,EXEMP■ON SURVEY SECTION 6,TOWNSHIP 4 SOUTH,RANGE 69

WEST,E18-3-93 ACCORDING TO THE EXEMPTION SURVEY RECORDED」 UNE

4,1993 AT RECEPT10N NO.93079644 N B00K ll AT PAGE 26,COUNTY OF

JEFFERSON,STATE OF COLORADO oegal descriptlon).

1

: GOヒ ]睫

NT

J 2

Patea tnis /b aay of November,2010.

Case No. 1:11-cv-02106-PAB-CBS Document 78-2 filed 10/24/13 USDC Colorado pg 1 of

2
[Sipature, printed

ofnotary publicl

ACKNOWLEDGttW

Subs“bed d swom to before me thisf6tay of Novcmber, 2010.

James A Scoggins

John H. Mulhem

Attorneys for Plaintiff

U.S. Securities and Exchange Commission

1801 California Street, Suite 1500

Denver, CO 80202

(303) 844-1000

ara T.Wclls

"mttm印“...

2

Case No. 1:11-cv-02106-PAB-CBS Document 78-2 filed 10/24/13 USDC Colorado pg 2 of

2
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Page 57101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23145]


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

FEDERAL MARITIME COMMISSION


Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following 
agreement under the Shipping Act of 1984. Interested parties may submit 
comments on agreements to the Secretary, Federal Maritime Commission, 
Washington, DC 20573, within ten days of the date this notice appears 
in the Federal Register. Copies of agreements are available through the 
Commission's Web site (http://www.fmc.gov) or contacting the Office of 
Agreements at (202) 523-5793 or <a href="/cdn-cgi/l/email-protection#add9dfccc9c8ccc3ccc1d4dec4deedcbc0ce83cac2db"><span class="__cf_email__" data-cfemail="8bfff9eaefeeeae5eae7f2f8e2f8cbede6e8a5ece4fd">[email protected]</span></a>.
    Agreement No.: 012051.
    Title: CMA CGM-APL Space Charter Agreement.
    Parties: CMA CGM, S.A.; American President Lines, Ltd.; and APL Co. 
Pte Ltd.
    Filing Party: Draughn B. Arbona, Esq., Associate Counsel, CMA CGM 
(America) Inc., 5701 Lake Wright Drive, Norfolk, VA 23502-1858.
    Synopsis: The agreement authorizes CMA to charter space to APL in 
the trade between U.S. East Coast ports and ports on the Mediterranean 
and Red Seas and on the Indian Subcontinent.

    By Order of the Federal Maritime Commission.

    Dated: September 26, 2008.
Karen V. Gregory,
Secretary.
[FR Doc. E8-23145 Filed 9-30-08; 8:45 am]
BILLING CODE 6730-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Page 5 of 7

Staie.rnent Period UNWERSAL CONSULTING RESOURCES,LLC 0701709 111rough 05/31′ 09 D PPA OA47 oo20983

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With&awa-ls and Debits - Continued

Other Debits

Date

Posted Amount(3) Desc五 ption Bank

Reference

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057722

057722

05/22

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05/26

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200,000.00

2500

1500

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5.∞

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25,000.00

25.00

5.lXl

5.00

5.00

5.00

500

300,000.00

Wire Tlpe:Wire Out Date:090507 Time:1307 Et

Tu:2009050700168479 Service R€f0O5063

Bnf:Arcanum Equity Fund Llc ID:2000O41158294

Bnf BkWachovia Bank NA Of tr'lo ID:06300O021

Wire Tlanefer Fee

Wire Ttalsfer Fee

Online Bueiness Suite Direct Pnt Serviceg

Wire Tlangfer Fee

Wire Tlansfer Fee

Wire Tlansfer Fee

\trire Tlpe:S/ire Out Date:090522 Tirrre:15fi Et

Tbn20090522002254!7 Service ll,ef00g141

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Wire Tlangfer Fee

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Wire Tlansfer Fee

Wire Tlansfer Fee

Wire Tlpe:Intl Out Date:090527 fime:1605 Et

Tln:2009O52700270749 Ser-vice Ref.452968

Bnf:Ueina Canavieira Rr Brasil ID:560602-0 Bnf Bk:

Banco Bradeeco S.A. ID:Bbdebrspmns Pmt Det:For Pur

Chase Of Diamond Manifest Ba.rrk 237

Wire Tlansfer Fee

Wire Tbansfer Fee

Wire Tlpe:Intl Out Date:090528 Time:0937 Et

Tla:200905270029U12 Service l1,ef;465906

BnfUsina Canavieira Rr Braeil ID:5606024 Bnf Bk:

Banco Bradegco S.A. ID:Bbdebrspmrs Pmt Det:R.ef Pur

Clage Diamond Manifest

Wire Tlpe:Intl Out Date:090528 Time:1052 Et

tn:2009052800130261 Service Ref666186

Bnf:Usina Canavieira Rr Braeil ID:560602{ Bnf Bk:

Banco Bradeeco SA. Pmt Det:Ref Diamond Manifegt

Wire 1lpe:Intl Out Date:090528 Time:1148 Et

Tbn:2009052800151927 Service R€f:468184

BnfUsina Canavieira Rr Brasil ID:5606024 Bnf Bk:

Banco Bradeeco S.A. ID:Bbdebrspmne Pnrt Det:Ref Pur

Chase Of Diamond Manifest

Wire Tlansfer Fee

Wire Tlaasfer Fee

Wire Tlaagfer Fee

Wire Tlarlsfer Fee

Wire Tlarrsfer Fee

Wire Tlansfer Fee

V/ire Tlanefer Fee

Wire Tlansfer Fee

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言 GOVERNMENT

彗 EXH:BIT

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903705070168479

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903706220225647

903705220137124

9037f15220016417

903705220035256

903705220058981

903705220137125

903705260028165

903705270270749

45.00

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350,000.00

300,000.∞

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903705270145060

903705270145061

903705270291712

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903705280157458

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903705280157466

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903705280157478

903705280060928

903705280022776

903705280009329

903705290050407

903705290068391

90370529M8596

BOA‐ UCR0000401

健

Case No. 1:11-cv-02106-PAB-CBS Document 78-3 filed 10/24/13 USDC Colorado pg 1 of

1
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 08-cr-79-PB

Joseph Gelinas

O R D E R

The defendant, through counsel, has moved to continue the

September 3, 2008 trial in the above case, citing the need for

additional time to negotiate a plea agreement prior to trial. 

The government does not object to a continuance of the trial

date.

Accordingly, for the above reason and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from September 3, 2008 to November 4, 2008. 

In agreeing to continue the trial, the court finds pursuant to 18

U.S.C.A. § 3161(h)(8)(A) that for the above-stated reasons, the

ends of justice served in granting a continuance outweigh the

best interests of the public and the defendant in a speedy trial.

Case 1:08-cr-00079-PB Document 39 Filed 08/19/08 Page 1 of 2
2

The August 20, 2008 final pretrial conference is continued

to October 20, 2008 at 3:30 p.m. 

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

August 19, 2008

cc: Jonathan R. Saxe, Esq.

Jennifer C. Davis, AUSA

United States Probation

United States Marshal

Case 1:08-cr-00079-PB Document 39 Filed 08/19/08 Page 2 of 2
I 

★

110TH CONGRESS 

1ST SESSION S. 1104 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2007 

Referred to the Committee on the Judiciary 

AN ACT 

To increase the number of Iraqi and Afghani translators 

and interpreters who may be admitted to the United 

States as special immigrants. 

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

mstockstill on PROD1PC66 with BILLS

2 

S 1104 RFH1S 

1 SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN 

2 ALIENS SERVING AS TRANSLATORS OR IN3 TERPRETERS WITH FEDERAL AGENCIES. 

4 (a) INCREASE IN NUMBERS ADMITTED.—Section 

5 1059 of the National Defense Authorization Act for Fiscal 

6 Year 2006 (8 U.S.C. 1101 note) is amended— 

7 (1) in subsection (b)(1)— 

8 (A) in subparagraph (B), by striking ‘‘as a 

9 translator’’ and inserting ‘‘, or under Chief of 

10 Mission authority, as a translator or inter11 preter’’; 

12 (B) in subparagraph (C), by inserting ‘‘the 

13 Chief of Mission or’’ after ‘‘recommendation 

14 from’’; and 

15 (C) in subparagraph (D), by inserting ‘‘the 

16 Chief of Mission or’’ after ‘‘as determined by’’; 

17 and 

18 (2) in subsection (c)(1), by striking ‘‘section 

19 during any fiscal year shall not exceed 50.’’ and in20 serting the following: ‘‘section— 

21 ‘‘(A) during each of the fiscal years 2007, 

22 2008, and 2009, shall not exceed 500; and 

23 ‘‘(B) during any other fiscal year shall not 

24 exceed 50.’’. 

mstockstill on PROD1PC66 with BILLS

3 

S 1104 RFH1S 

1 (b) ALIENS EXEMPT FROM EMPLOYMENT-BASED

2 NUMERICAL LIMITATIONS.—Section 1059(c)(2) of such 

3 Act is amended— 

4 (1) by amending the paragraph heading to read 

5 as follows: 

6 ‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT7 BASED NUMERICAL LIMITATIONS.—’’; and 

8 (2) by inserting ‘‘and shall not be counted 

9 against the numerical limitations under section 

10 201(d), 202(a), and 203(b)(4) of the Immigration 

11 and Nationality Act (8 U.S.C. 1151(d), 1152(a), 

12 and 1153(b)(4))’’ before the period at the end. 

13 (c) ADJUSTMENT OF STATUS.—Section 1059 of such 

14 Act is further amended— 

15 (1) by redesignating subsection (d) as sub16 section (e); and 

17 (2) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding 

20 paragraphs (2), (7) and (8) of section 245(c) of the Immi21 gration and Nationality Act (8 U.S.C. 1255(c)), the Sec22 retary of Homeland Security may adjust the status of an 

23 alien to that of a lawful permanent resident under section 

24 245(a) of such Act if the alien— 

mstockstill on PROD1PC66 with BILLS

4 

S 1104 RFH1S 

1 ‘‘(1) was paroled or admitted as a non2 immigrant into the United States; and 

3 ‘‘(2) is otherwise eligible for special immigrant 

4 status under this section and under the Immigration 

5 and Nationality Act.’’. 

Passed the Senate April 12, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 

mstockstill on PROD1PC66 with BILLS
<PAGE>   1
                                                                      EXHIBIT 23



                       CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in Registration Statement 33-61977
on Form S-8 dated August 21, 1995, and Registration Statement 33-619797 on Form
S-8 dated August 21, 1995, and Registration Statement 33-12571 on Form S-8
dated March 11, 1987, and Registration Statement 33-593 on Form S-8 dated
October 1, 1985, of our report dated February 27, 1997, with respect to the
consolidated financial statements and schedule of Medar, Inc. and subsidiaries
listed in the index at Item 14(a) of this Annual Report (Form 10-K) for the
year ended December 31, 1996.




                                        /s/Ernest & Young LLP


Detroit, Michigan
March 27, 1997
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

483 

KA 13-00990 

PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, CURRAN, AND SCUDDER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

CHRISTOPHER MCCREA, DEFENDANT-APPELLANT. 

 

MULDOON, GETZ & RESTON, ROCHESTER (GARY MULDOON OF COUNSEL), FOR

DEFENDANT-APPELLANT. 

DONALD G. O’GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Wyoming County Court (Michael F.

Griffith, J.), rendered April 3, 2013. The judgment convicted

defendant, upon his plea of guilty, of perjury in the first degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon his plea of guilty of perjury in the first degree (Penal Law 

§ 210.15). We reject defendant’s contention that his waiver of the

right to appeal was not knowingly, voluntarily, and intelligently

entered (see People v Lopez, 6 NY3d 248, 256). “County Court

expressly ascertained from defendant that, as a condition of the plea,

he was agreeing to waive his right to appeal, and the court did not

conflate that right with those automatically forfeited by a guilty

plea” (People v Thompson, 83 AD3d 1535, 1535 [internal quotation marks

omitted]; see People v Villar, 115 AD3d 1361, 1361, lv denied 23 NY3d

1044). Defendant’s challenge to the factual sufficiency of the plea

allocution is encompassed by his valid waiver of the right to appeal

(see People v Oberdorf, 136 AD3d 1291, 1292; People v Rosado, 70 AD3d

1315, 1316, lv denied 14 NY3d 892). In any event, defendant failed to

preserve that contention for our review because he did not move to

withdraw the plea or to vacate the judgment of conviction on that

ground (see Oberdorf, 136 AD3d at 1292; People v Wackwitz, 93 AD3d

1220, 1221, lv denied 19 NY3d 868).

Entered: June 10, 2016 Frances E. Cafarell

Clerk of the Court