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

[870 NYS2d 335]

*480Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 9, 2007, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 23 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). Defendant failed to prove by a preponderance of the evidence that he was acting under an extreme emotional disturbance (Penal Law § 125.25 [1] [a]) when he stabbed his estranged wife. The jury had an ample basis on which to reject the claim that defendant’s discovery of the fact that his wife was living with another man provided a reasonable explanation or excuse for his claimed mental state *(see People v Maher,*89 NY2d 456, 463 [1997]; *People v Piquion,*283 AD2d 233, 234 [2001], *lv denied*96 NY2d 906 [2001]). Furthermore, there was extensive evidence of conduct by defendant before and after the crime that not only contradicted his defense, but also undermined the testimony of defendant’s expert witness, who was impeached by his lack of awareness of important parts of this evidence *(see People v Maher,*89 NY2d at 463).

Defendant’s challenges to the court’s jury instructions concerning the requirement of unanimity and the definition of the term preponderance of the evidence are unpreserved. We do not find any mode-of-proceedings error exempt from preservation requirements *(see People v Thomas,*50 NY2d 467, 472 [1980]), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we also reject them on the merits. The court sufficiently instructed the jury on both matters, and the differences between the court’s phrasing, which followed the New York Criminal Jury Instructions, and the phrasing suggested by defendant amounts, in each instance, to a difference in form rather than substance. The absence of objections by trial counsel did not deprive defendant of effective assistance, since nothing in the instructions at issue was constitutionally deficient or caused defendant any prejudice. Concur—Andrias, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Banc of America Funding Corporation
  Mortgage Pass-Through Certificates,
  Series 2007-3

  I, Mark I. Ryan, the President of Banc of America Funding Corporation
  (the "Depositor"), certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of the Banc of America Funding 2007-3 Trust (the "Exchange
    Act Periodic Reports");

  2.Based on my knowledge, the Exchange Act Periodic Reports, taken as a
    whole, do 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, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act Periodic Reports;

  4.Based on my knowledge and the servicer compliance statements required
    in this report under Item 1123 of Regulation AB, and except as
    disclosed in the Exchange Act Periodic Reports, the servicers have
    fulfilled their obligations under the servicing agreements in all
    material respects; and

  5.All of the reports on assessment of compliance with the servicing
    criteria for asset-backed securities and their related attestation
    reports on assessment of compliance with servicing criteria for
    asset-backed securities required to be included in this report in
    accordance with Item 1122 of Regulation AB and Exchange Act Rules
    13a-18 and 15d-18 have been included as an exhibit to this report,
    except as otherwise disclosed in this report. Any material instances of
    noncompliance described in such reports have been disclosed in this
    report on Form 10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties: Bank
    of America, National Association as Servicer, CitiMortgage, Inc. as
    Servicer, Countrywide Home Loans Servicing LP as Servicer, GMAC
    Mortgage, LLC f/k/a GMAC Mortgage Corporation as Servicer, GreenPoint
    Mortgage Funding, Inc. as Servicer, National City Mortgage Co. as
    Servicer, SunTrust Mortgage, Inc. as Servicer, U.S. Bank National
    Association as Custodian, Washington Mutual Bank as Servicer,
    Washington Mutual Mortgage Securities Corp. as Master Servicer, Wells
    Fargo Bank, N.A. as Servicer and Wells Fargo Bank, N.A. as Master
    Servicer and Securities Administrator.

    Dated:   March 28, 2008


    /s/ Mark I. Ryan
    Signature

    President
    (senior officer in charge of securitization of the depositor)
#### The People of the State of New York, Respondent, v Julius Willie, Appellant.

[975 NYS2d 343]

— Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 27, 2011, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. Defendant’s grand jury testimony tended to corroborate material aspects of the victim’s testimony. Concur — Mazzarelli, J.P, Saxe, Moskowitz, DeGrasse and Gische, JJ.
##### 



(INCO MEDIA INFORMATION BANNER) EXHIBIT 99.1 INCO LIMITED ANNOUNCES TWO NEW MEMBERS OF ITS
BOARD OF DIRECTORS  RICK WAUGH AND FRANCIS MER Toronto, July 19, 2005  Inco Limited announced today that Rick Waugh and Francis Mer have been
appointed Directors of Inco Limited. Mr. Waugh is currently President and Chief Executive Officer of Scotiabank, one of North Americas
leading financial institutions. He began his career with Scotiabank in branch banking in Winnipeg
in 1970 and, over the years, has served in the Banks investment, corporate, international and
retail banking areas. He became President in January 2003 and Chief Executive Officer in December
2003. Mr. Waugh currently serves on Scotiabanks Board of Directors, as well as on the boards of several
of Scotiabanks international subsidiaries. He holds a Bachelor of Commerce (Honours) from the
University of Manitoba and a Masters of Business Administration from York University. He is also a
Fellow of the Institute of Canadian Bankers. Mr. Mer is the former Minister of Economy, Finance and Industry for the government of France, a
position that he held from 2002 to 2004. From 1986 until 2002, Mr. Mer was Chairman and CEO of
USINOR, a leading European steel company, and also served as Co-Chairman of the Arcelor Group
during this period. Prior to that, he was Chairman and Managing Director of Pont-à-Mousson S.A., a
major producer of cast-iron pipe and related products, and Deputy General Manager of the
Saint-Gobain Group, responsible for its Pipelines and Mechanical Engineering Division. Mr. Mer has been Chairman of the Fédération Française de lAcier (French Steel Federation),
Chairman of Eurofer (European Steel Manufacturers Association), Chairman of the Association
Nationale de la Recherche Technique (National Association for Technical Research), and Chairman of
the International Iron and Steel Institute. He also currently serves as a director of Adecco S.A.,
Alstom S.A. and Rhodia S.A. Mr. Mer graduated as a mining engineer from the Ecole des Mines after
having attended the Ecole Polytechnique. - 30 -




---



##### 



For further information:Media:
    
    Steve Mitchell
    
    (416) 361-7950Investor Relations:
    
    Sandra Scott
    
    (416) 361-7758or www.inco.com
| 1.   | I am the President and Chief Financial Officer of North American Energy Resources, Inc. |
|----------------|-----------------------------------------------------------------------------------------|

| 2.   | Attached to this certification is Form 10-K for the fiscal year ended April 30, 2011, a periodic report (the “periodic report”) filed by the issuer with the Securities Exchange Commission pursuant to Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (the “Exchange Act”), which contains financial statements. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that |
|----------------|----------------------------------------------------------------------------------------------------------------------------------|

| ●   | The periodic report containing the financial statements fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act, and |
|---------------------|-------------------------------------------------------------------------------------------------------------------------------------------------|

| ●   | The information in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer for the periods presented. |
|---------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| June 30, 2011 | /s/ Alan G. Massara     |
|---------------|-------------------------|
|          | Alan G. Massara         |
|          | President and           |
|          | Chief Financial Officer |

----
Exhibit 23.1

MOORE & ASSOCIATES, CHARTERED
  ACCOUNTANTS AND ADVISORS
  ------------------------
     PCAOB REGISTERED


         CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
         ---------------------------------------------------------


We consent to the use, in the statement on Form 10-K of Northern Empire
Energy Corp. (FKA Political Calls, Inc.) (An Exploration Stage Company) of
our report dated March 31, 2009 on our audit of the financial statements of
Northern Empire Energy Corp. (An Exploration Stage Company) as of
December 31, 2008 and 2007, and the related statements of operations,
stockholders' equity and cash flows for the years then ended, and from
inception on April 24, 2006 through December 31, 2008.


/s/ Moore & Associates, Chartered
---------------------------------
    Moore & Associates Chartered
    Las Vegas, Nevada
    March 31, 2009



                6490 West Desert Inn Road, Las Vegas, NV 89146
                       (702)253-7499 Fax (702)253-7501

<PAGE>
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<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                         127,904
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               127,904
<PP&E>                                           6,038
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 133,942
<CURRENT-LIABILITIES>                           10,000
<BONDS>                                              0
<COMMON>                                       137,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                    (13,058)
<TOTAL-LIABILITY-AND-EQUITY>                   133,942
<SALES>                                              0
<TOTAL-REVENUES>                               170,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 57,555
<INCOME-TAX>                                    10,000
<INCOME-CONTINUING>                             47,555
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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</TABLE>
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-209V

Filed: January 13, 2015

Not for Publication

*************************************

STEPHEN WALLEN, *

*

Petitioner, * 

 * Damages decision based on stipulation;

v. * tetanus-diphtheria-acellular pertussis (Tdap) 

* vaccine; Guillain-Barré Syndrome (GBS)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

*************************************

F. John Caldwell, Sarasota, FL, for petitioner.

Julia W. McInerny, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On January 13, 2015, the parties filed the attached stipulation in which they agreed to settle 

this case and described the settlement terms. Petitioner alleges that he suffered from 

Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccine on July 5, 2011. He further alleges that he experienced the residual 

effects of this injury for more than six months. Respondent denies that the Tdap vaccine caused 

petitioner to suffer GBS or any other injury. Nonetheless, the parties agreed to resolve this matter 

informally.

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made 

available to the public unless they contain trade secrets or commercial or financial information that is 

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly 

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and 

move to delete such information prior to the document’s disclosure. If the special master, upon review, 

agrees that the identified material fits within the banned categories listed above, the special master shall 

delete such material from public access.
2

The undersigned finds the terms of the stipulation to be reasonable. The court hereby 

adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and 

on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of

$100,000.00, representing compensation for all damages that would be available under 42 U.S.C.

§ 300aa-15(a) (2006). The award shall be in the form of a check for $100,000.00 made payable to

petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 

court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: January 13, 2015 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
**Exhibit 31.1**CERTIFICATIONI, Terrance J. Lillis, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-D requiredto be filed in respect of the period covered by this report on Form 10-K of PrincipalLife Income Fundings Trust 2007-20 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, all of the distribution, servicing and other informationrequired to be provided under Form 10-D for the period covered by this report isincluded in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required in thisreport under Item 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 27, 2008   /s/ Terrance J. Lillis   Terrance J. Lillis  Chief Financial Officer- Retirement and Investor Services
In the End, Everything Gives 

Ada Limón

What is above us? 

The bleary algorithm of patterns, leaves, 

towering history of law and lore? 

Outside the gates, the chaotic hush of flesh 

and bone, a kind of clamoring, cannon fire, 

or a brass band, a choir of tree limbs asking: 

What have we made? Who holds you? 

Where resides our genius? Our courageousness of action, 

name the glory, rename the glory, pin it down 

in a book of legacies, ink, and stone. 

There is a word that returns to me: Realm. 

Someone on a train shrugs cartoonish, 

“What gives?” And the answer: Everything. 

Everything gives way, the shorelines, the house decaying 

and becoming shrub and moss and haunt, the body 

that gives and gives until it cannot give anymore. 

When sleepless as a child, my mother would draw my face, 

not with charcoal or oil paints, but with her fingers 

simply circling my features. Here are your eyes. 

Here are your eyebrows, your nose, your mouth, your chin, 

and your whole face, round and round, this is you. 

This was when I understood boundaries, that she could 

see my shapes, and I was made of circles and she 

was made of circles. All of us modest etchings 

in the landscape, a fingernail dug into the side of a tree, 

little winces, let me count the ways, let me count the days, 

all the circles of us end eventually. 

The light is its own story. When there is a hole in a roof, 

what is the roof, the roof or the sky itself? Maybe that’s 

the real story, neither one belonging to each other. 

There is a word that returns again: Realm. 

I sat by a train window and traced my palm when I missed 

my mother. I was giving myself a circle, this is your palm, 

a circle which is also nature, a strangeness that is you. 

What is grandeur? Who is keeping score? 

I believe in the circle, in light that surprises me, when I can 

believe nothing. The palm reaching out is a gesture, 

a boundary, a circle one could slip through, or something 

you could hold and in turn it could hold you back.
#### The People of the State of New York, Respondent, v Marcus N. Lewis, Appellant.

[961 NYS2d 798]

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Cohen, J.), rendered March 7, 2012, convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court failed to inform him of the constitutional rights he was waiving by pleading guilty is unpreserved for appellate review *(see People v Perez,*51 AD3d 1043 [2008]). In any event, we find that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently *(see People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Lopez,*71 NY2d 662, 666 [1988]; *People v Harris,*61 NY2d 9, 17 [1983]).

The defendant was not deprived of the effective assistance of *774counsel, as defense counsel provided meaningful representation *(see People v Benevento,*91 NY2d 708 [1998]; *People v Baldi,*54 NY2d 137 [1981]).

To the extent that the defendant contends that his sentence was excessive, that contention is precluded by the defendant’s valid waiver of his right to appeal *(see generally People v Lopez,*6 NY3d 248, 255-256 [2006]).

Angiolillo, J.E, Balkin, Austin and Miller, JJ., concur.
Emerson Electric Co. Exhibit 10.7 to Form 8K


	Exhibit 10.7
 
	EMERSON ELECTRIC CO.
EXTRA SALARY PROGRAM 
[Annual Incentive Plan]

Fiscal Year 20– –  





	I. 	Deferral Election: (Only U.S. paid participants are eligible to defer)  




	  	I hereby elect my Extra Salary Award under the Emerson Electric Co. Extra Salary Program be
paid to me as follows:  




	 	        % Payment 





	  	A. 	
 	  	In the month of November 20--; 




	  	B. 	
 	  	In the month of January 20-- (complete Section II);




	  	C. 	
 	  	Specific future year (indicate year payment is to be made)
                           ___________ (complete Section II), or;




	  	D. 	
 	  	Upon my retirement or termination of employment,


                           Note:  (you must be at Emerson or a subsidiary on the normal payment date or if you
                           choose "B" above, on January 15 following the fiscal year); whichever occurs first
                           (complete Section II).




	II. 	 Change of Control (All participants may elect) 





	  	
In the event of a Change of Control as defined in the Plan, I hereby elect to receive any
payment due under the Plan as follows: (check either A or B) 




	  	A. 	
 	  	Upon the Change of Control in a single lump sum; or




	  	B. 	
 	  	 Upon termination of Employment occurring after a Change of Control, in
the form of:  (check either 1 or 2)


(1)   ______  a lump sum distribution; or


(2)   ______  in substantially equal installments not exceeding ten years.





	
 	   	
 


	Date  	   	Signature  




	 	   	
 


	  	   	Print or Type Name




	 	   	
 


	  	   	Corporate


	Return Form to:  	---------------------------

                           Emerson Electric Co.

                           8000 W. Florissant Ave.

                           St. Louis, MO  63136