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

*[973*NYS2d 356]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered April 29, 2011, convicting him of rape in the first degree, burglary in the first degree, assault in the first degree, assault in the second degree (two counts), unlawful imprisonment, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (O’Dwyer, J.H.O.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The hearing court properly found that the police had probable cause to arrest the defendant *(see People v Prego,*102 AD3d 814, 814-815 [2013]). Accordingly, the court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence recovered incident to his arrest *(see People v Peradze,*15 AD3d 678, 678-679 [2005]; *People v Maldonado,*244 AD2d 759, 762 [1997]).

The defendant’s contention that the evidence was legally insufficient to support his convictions of burglary in the first degree and assault in the first degree is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Hawkins,*11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of burglary in the first degree and assault in the first degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), and contrary to the defendant’s contentions, we are satisfied that the verdict of guilt as to burglary in the first degree, assault in the first degree, and rape in the first degree was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348 [2007]; *People v Romero,*7 NY3d 633 [2006]).

Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel under the United States Constitution *(see Strickland v Washington,*466 US 668, 688 [1984]). Moreover, the defendant was not deprived of the effective assistance of counsel under the New York Constitution since, viewing defense counsel’s performance in totality, counsel *1019provided meaningful representation *(see People v Benevento,*91 NY2d 708, 712 [1998]; *People v Baldi,*54 NY2d 137, 147 [1981]; *People v Collado,*90 AD3d 672, 673 [2011]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contention, raised in his pro se supplemental brief, is without merit. Mastro, J.P., Dillon, Angiolillo and Chambers, JJ., concur.
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Exhibit 32.02
                                  -------------


                            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 BSD  Medical  Corporation  (the
"Company")  on Form 10-QSB for the Quarter  ending  November 30, 2003,  as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Dennis E. Bradley, 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, to the best of my knowledge and belief:

         (1)  the Report fully complies with the  requirements  of Section 13(a)
              or 15(b) 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/Dennis E. Bradley
--------------------
Dennis E. Bradley
Principal Financial Officer
April 14, 2004

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
#### Jannie Nesmith, in Her Representative Capacity as Parent and Natural Guardian of Jannie Patterson, an Infant, et al., Respondents, v Allstate Insurance Company, Appellant.

[964 NYS2d 56]

Motion for reargument or leave to appeal to the Court of Appeals denied.

Present—Smith, J.E, Centra, Lindley and Whalen, JJ.
UNCLASSIFIED

UNCLASSIFIED

Freedom of Information Act Request Form

Name: __________________________________________________________________

Address : _________________________________________________________________________

City, State, Zip Code: _______________________________________________________________

Today’s Date: _____________________________________________________________________

National Geospatial- Intelligence Agency

Attn: FOIA/PA Requester Service Center

7500 GEOINT Drive, MS N22-SISMD

Springfield, VA 22150-7500

Dear FOIA/PA Program Manager,

This is a request under the Freedom of Information Act. 

I request that a copy of the following documents (or documents containing the following information) 

be provided to me (identify the documents or information as specifically as possible):

In order to help to determine my status to assess fees related to this request, you should know that I 

am: (please select one) 

Affiliated with an educational or noncommercial scientific institution and this request is made 

for a scholarly purpose. 

Affiliated with a private corporation and seeking information for use in the company’s business. 

A representative of the news media/press and this request is made as part of news gathering 

and not for commercial use. 

Affiliated with a public interest group or a private individual and this request is not for 

commercial use. 

Mr.

Ms.
UNCLASSIFIED

UNCLASSIFIED

The maximum dollar amount I am willing to pay for this request is $_____________. Please notify me if 

the fees will exceed $25.00 or the maximum dollar amount I entered. 

I request a waiver of all fees for this request. Disclosure of the requested information to me is in 

the public interest because it is likely to contribute significantly to public understanding of the 

operations or activities of the government and is not primarily in my commercial interest. 

Provide an explanation for waiver of fees if waiver is requested:

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PII Disclamer: 

For Official Use Only – Privacy Act Sensitive. Information contained on this form may subject to the provisions of Privacy Act of 

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entire message together with all attachments. All unintended recipient s are hereby on notice that any use, distribution, copying 

or any other action regarding this form is strictly prohibited. Unauthorized dissemination or use of personally identifiable 

information is a violation of Federal Law.
<PAGE>   1

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We hereby consent to the incorporation by reference in the Registration
Statement of Network Associates, Inc., on Form S-8 (File Nos. 333-49297 and
333-51795) of our report dated January 24, 2000, relating to the financial
statements appearing on page 49 of this Form 10-K.

     We also consent to the incorporation by reference of our report on the
financial statement schedule, which appears on page 78 of this Form 10-K.

                                          PricewaterhouseCoopers LLP

San Jose, California
March 30, 2000
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,856,000
<SECURITIES>                                         0
<RECEIVABLES>                                9,194,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            11,787,000
<PP&E>                                      93,703,000
<DEPRECIATION>                              17,912,000
<TOTAL-ASSETS>                              91,850,000
<CURRENT-LIABILITIES>                       12,771,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                       20,000,000
<PREFERRED>                                          0
<COMMON>                                       172,000
<OTHER-SE>                                   8,397,000
<TOTAL-LIABILITY-AND-EQUITY>                91,850,000
<SALES>                                     64,413,000
<TOTAL-REVENUES>                            66,092,000
<CGS>                                       51,134,000
<TOTAL-COSTS>                               51,134,000
<OTHER-EXPENSES>                             5,584,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,077,000
<INCOME-PRETAX>                              2,954,000
<INCOME-TAX>                                   886,000
<INCOME-CONTINUING>                          2,068,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,068,000
<EPS-PRIMARY>                                     0.05
<EPS-DILUTED>                                        0
        

</TABLE>
FOURTH AMENDMENT TO LLC AGREEMENT DATED JUNE 21, 2002



 Exhibit 10.78 
  
 FOURTH AMENDMENT TO 
 LIMITED LIABILITY COMPANY AGREEMENT 
 OF 
 @VENTURES PARTNERS III, LLC 
  
 THIS FOURTH AMENDMENT, effective as of the 21st day of June, 2002, to the Limited Liability Company
Agreement dated as of June 30, 1999 (as amended to date, the “Agreement”), of @Ventures Partners III, LLC, a Delaware limited liability company (the “LLC”), is by and among the Capital Member and the Managing Members of the LLC.
Capitalized terms used herein, and not otherwise defined herein, shall have the respective meanings ascribed to them in the Agreement. 
  
 For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members hereby amend the Agreement as follows.

  
 1. Treatment of Guy Bradley in Respect of Event of
Termination. Effective as of June 21, 2002, Guy A. Bradley’s relationship with all Employers has terminated, and such termination constitutes an Event of Forfeiture. The Members and Mr. Bradley agree that (i) such Event of Forfeiture shall
not constitute a Clause Z Event, and (ii) Mr. Bradley’s Vested Percentage shall equal 100%. Therefore, effective as of the date hereof, (a) Mr. Bradley’s Percentage Interest has been reduced to zero; and (b) Mr. Bradley shall continue to
retain his entire interest in all Investments in which he participates as of the date hereof. Mr. Bradley shall continue to be subject to all other provisions of the Agreement, including without limitation, Sections 3.01(b)(ii) and (iii),
3.04(b)(iv), 3.04(c) and 6.06(b), and the last sentence in the definition of the term “Event of Forfeiture.” 
  
 2. No Other Amendments. In all other respects, the Agreement is hereby ratified and confirmed. 
  
 [Signature page follows.] 
  









 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.

  

			
	CAPITAL MEMBER:
	
	CMG @VENTURES CAPITAL CORP.
		
	By	 	 /s/ Thomas Oberdorf

	 Name
	 	 Thomas Oberdorf

	 Title
	 	 Treasurer & Chief Financial Officer



  

	
	MANAGING MEMBERS (to be executed by the Managing Members, exclusive of Members for whom an Event of Forfeiture has occurred):
	
	 /s/ Guy A. Bradley

	 Guy A. Bradley

	
	 NA

	 Jonathan Callaghan (Event of Forfeiture)

	
	 NA

	 Brad Garlinghouse (Event of Forfeiture)

	
	 NA

	 Andrew J. Hajducky, III (Event of Forfeiture)

	
	 /s/ Denise W. Marks

	 Denise W. Marks

	
	 /s/ Peter H. Mills

	 Peter H. Mills

	
	 /s/ David J. Nerrow, Jr.

	 David J. Nerrow, Jr.

	
	 /s/ Marc Poirier

	 Marc Poirier

	
	 /s/ David S. Wetherell

	 David S. Wetherell



  

 - 2 -
<TABLE> <S> <C>


<ARTICLE> 5
<RESTATED>
<CIK> 0000820526
<NAME> LUND INTERNATIONAL HOLDINGS, INC.
<MULTIPLIER> 1,000

<S>                                       <C>
<PERIOD-TYPE>                             9-MOS
<FISCAL-YEAR-END>                                      DEC-31-2000
<PERIOD-START>                                         JAN-01-2000
<PERIOD-END>                                           OCT-01-2000
<CASH>                                                         304
<SECURITIES>                                                     0
<RECEIVABLES>                                               36,015
<ALLOWANCES>                                                 1,685
<INVENTORY>                                                 24,716
<CURRENT-ASSETS>                                            66,052
<PP&E>                                                      29,375
<DEPRECIATION>                                              17,185
<TOTAL-ASSETS>                                             219,160
<CURRENT-LIABILITIES>                                      103,361
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      3
<COMMON>                                                       800
<OTHER-SE>                                                  85,989
<TOTAL-LIABILITY-AND-EQUITY>                               219,160
<SALES>                                                    140,480
<TOTAL-REVENUES>                                           140,480
<CGS>                                                      101,163
<TOTAL-COSTS>                                              132,169
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                              (217)
<INTEREST-EXPENSE>                                           9,720
<INCOME-PRETAX>                                             (1,503)
<INCOME-TAX>                                                  (197)
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                               (225)
<CHANGES>                                                        0
<NET-INCOME>                                                (1,531)
<EPS-BASIC>                                                  (0.19)
<EPS-DILUTED>                                                (0.19)



</TABLE>
#### In re Estate of Rand

Case below: 183 N.C. App.-(5 June 2007)

No. 314P07

Petitioner’s (Melanie Shepard) PDR Under N.C.G.S. § 7A-31 (COA06-868)

Denied 08/23/07
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               JUN-30-1996
<CASH>                                       5,300,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     388,400,000
<DEPRECIATION>                            (71,800,000)
<TOTAL-ASSETS>                             442,100,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                 199,800,000
<TOTAL-LIABILITY-AND-EQUITY>               442,100,000
<SALES>                                              0
<TOTAL-REVENUES>                            21,200,000
<CGS>                                                0
<TOTAL-COSTS>                               14,600,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,900,000
<INCOME-PRETAX>                              5,300,000
<INCOME-TAX>                                 1,900,000
<INCOME-CONTINUING>                          3,400,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,400,000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>
EXHIBIT 32.1

                  CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

     Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of World Waste Technologies,
Inc. (the "Company") hereby certifies that based on his knowledge:

          (i) the Annual Report on Form 10-KSB of the Company for the fiscal
     year ended December 31, 2005 (the "Report") fully complies with the
     requirements of Section 13(a) or Section 15(d), as applicable, of the
     Securities Exchange Act of 1934, as amended; and

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


Date: March ___, 2006                        /s/ John Pimentel
                                             -----------------
                                             Name:   John Pimentel
                                             Title:  Chief Executive Officer

     A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request. The
foregoing certification is being furnished to the Securities and Exchange
Commission as an exhibit to the Form 10-KSB and shall not be considered filed as
part of the Form 10-KSB.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
DEOTEXIS, INC. FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                                DEC-31-1999
<PERIOD-START>                                   JAN-01-1999
<PERIOD-END>                                     DEC-31-1999
<CASH>                                               936,339
<SECURITIES>                                               0
<RECEIVABLES>                                              0
<ALLOWANCES>                                               0
<INVENTORY>                                                0
<CURRENT-ASSETS>                                     943,355
<PP&E>                                                     0
<DEPRECIATION>                                             0
<TOTAL-ASSETS>                                     1,754,281
<CURRENT-LIABILITIES>                                 77,167
<BONDS>                                                    0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                               4,547
<OTHER-SE>                                         1,380,802
<TOTAL-LIABILITY-AND-EQUITY>                       1,754,281
<SALES>                                                    0
<TOTAL-REVENUES>                                      83,450
<CGS>                                                      0
<TOTAL-COSTS>                                              0
<OTHER-EXPENSES>                                   1,127,917
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                    16,600
<INCOME-PRETAX>                                   (1,061,067)
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                               (1,061,067)
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                      (1,061,067)
<EPS-BASIC>                                             (.23)
<EPS-DILUTED>                                           (.23)



</TABLE>