alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[946 NE2d 738, 921 NYS2d 640]

#### The People of the State of New York, Respondent, v Robert Kelly, Appellant.

Argued February 17, 2011;

decided March 24, 2011

APPEARANCES OF COUNSEL

*Appellate Advocates,*New York City *(Warren S. Landau*and *Lynn W.L. Fahey*of counsel), for appellant.

*Charles J. Hynes, District Attorney,*Brooklyn *(Anthea H. Bruffee, Leonard Joblove*and *Ann Bordley*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*804Following a jury trial, defendant Robert Kelly was convicted of charges of robbery in the first degree and burglary in the first degree arising out of an incident that occurred on May 31, 2005.

Following five hours of deliberations, a juror communicated to the trial court concern regarding child care issues. After consulting with counsel for the People and defendant on how to resolve the issue, the trial court directed its court officer to speak to the juror privately, but did not direct the jury to stop deliberating, nor command the court officer to provide such instructions. The court officer reported the particular child care issue to the court and the jury was dismissed for the evening. Deliberations resumed for the following day and a half, and defendant was convicted. The Appellate Division affirmed the conviction and a Judge of this Court granted defendant leave to appeal.

Defendant’s contention that the trial court’s failure to instruct the jury to cease deliberations violated his federal and state constitutional rights to a jury trial and the requirements of CPL 310.10 is not preserved for appellate review *(see People v Patterson,*39 NY2d 288 [1976]; *People v Ramon,*291 AD2d 511 [2002]; *People v Johnson,*224 AD2d 635 [1996]). Moreover, there was no mode of proceedings error dispensing with the preservation requirement because the brief, momentary separation of the juror from deliberations was not the type of violation contemplated by the “continuously kept together” language of CPL 310.10 *(see*CPL 310.10 [1]; *Johnson,*224 AD2d at 635; *People v Lee,*205 AD2d 558, 559 [2d Dept 1994]).

Defendant’s *Apprendi*challenge to New York’s persistent violent felony offender statute is also unpreserved *(see People v Rosen,*96 NY2d 329, 335 [2001]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed in a memorandum.
The Honorable Lawrence L. Piersol, United States District Judge for the District 1

of South Dakota.

The Honorable Irvin N. Hoyt, Chief Judge, United States Bankruptcy Court for 2

the District of South Dakota.

We do not address Link&s challenge to the bankruptcy court&s denial of his

3

motion to set aside all orders, as Link did not timely appeal that denial to the district

court.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-3969

___________

Darrell A. Link, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the 

* District of South Dakota.

Production Credit Association, *

* [UNPUBLISHED]

Appellee. *

___________

 Submitted: February 27, 1998

 Filed: March 5, 1998

___________

Before FAGG, BEAM, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Darrell A. Link appeals from the district court&s affirmance of the bankruptcy 1

court&s denial of his motion to reconsider. Having reviewed the record and the 2 3
-2-

parties& briefs, we conclude that Link&s motion for reconsideration was properly denied.

Accordingly, we affirm without further discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
        The Schedule contains summary financial information extracted from 10-Q
        and is qualified in its entirety by reference to such financial
        statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              SEP-30-2000
<PERIOD-START>                                 OCT-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         9,206
<SECURITIES>                                   0
<RECEIVABLES>                                  13,980
<ALLOWANCES>                                   8,234
<INVENTORY>                                    29,235
<CURRENT-ASSETS>                               59,847
<PP&E>                                         24,056
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 97,379
<CURRENT-LIABILITIES>                          24,728
<BONDS>                                        6,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       74
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<TOTAL-LIABILITY-AND-EQUITY>                   97,379
<SALES>                                        43,208
<TOTAL-REVENUES>                               43,208
<CGS>                                          34,313
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<OTHER-EXPENSES>                               7,569
<LOSS-PROVISION>                               0
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<INCOME-CONTINUING>                            537
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   537
<EPS-BASIC>                                    0.08
<EPS-DILUTED>                                  0.07



</TABLE>
**Incident Business 2024**

**Checklist #4**

**For the National Preparedness Review, you will need to have the following items available for review:**

**INCIDENT BUSINESS COORDINATION**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

****

**GENERAL INCIDENT BUSINESS MANAGEMENT**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

****

**INCIDENT TIME AND ATTENDANCE**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**COMPENSATION FOR INJURY/ILLNESS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**NON-INJURY CLAIMS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**ACQUISITION**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**CHARGE CARDS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

****

**COOPERATIVE/INTERAGENCY AGREEMENTS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**CASUAL HIRE PROGRAM**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**TRAVEL**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

Incident Business 	1	Revised April 2024

# image1.png
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Casey Ray Tiller, Appellant

No. 06

- 18

- 00153

- CR v.
The State of Texas, Appellee Appeal from the 196th District Court of Hunt County, Texas (Tr. Ct. No. 32,056 ). Opinion delivered by Chief Justice Morriss, Justice Burgess and Justice Stevens participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court

. We n ote that the appellant, Casey Ray Tiller, has adequately indicated his inability to pay
costs of appeal. Therefore, we waive payment of costs.

RENDERED APRIL 15, 2019 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
August 4, 2006 

Memorandum 

To: Regional Fire Management Officers, Regional Human Resources Managers 

From: NPS Fire Director, NIFC /s/ Mike Wallace

NPS HR Franchise Manager 

Subject: IFPM Standards for Regional/National Fire Management Positions 

This letter is to clarify the application of the Interagency Fire Program Management 

Qualifications Standards and Guide (IFPM Standard) at the Regional and National level. The 

IFPM Standard identifies 14 key fire management positions; all but two are unit level positions. 

The only positions that fall under the IFPM Standard at the Regional and National level are the 

Geographic Area Fire Program Manager (Regional Fire Management Officer) and National Fire 

Program Manager (National Fire Director). 

When the IFPM Standards were adopted it was not intended that subordinate positions at the 

Regional or National level (i.e. Operations Specialist, Fuels Specialist, etc...) be included in the 

IFPM Standard. Thus, there are no IFPM minimum qualification standards or competencies for 

these subordinate positions at this time. Applying similarly titled unit level IFPM standards to 

Regional or National level subordinate positions is neither required nor appropriate. 

However, the NWCG qualifications, additional required training and competencies in the IFPM 

Standard can be used as a guide for career development through the use of an Individual 

Development Plan (IDP). If the qualifications, training and competencies are used for this 

purpose it is imperative that the employee understand they do not have to meet these 

requirements by October 1, 2009. The qualifications, training and competencies can also be used 

as a tool for the development of rating criteria when recruiting for new employees. 

If you have any questions please contact Mark Koontz at (208) 387-5090 or via email at 

HUmark_koontz@nps.govUH. 

United States Department of the Interior 

NATIONAL PARK SERVICE 

Fire Management Program Center 

 3833 S. Development Avenue 

Boise, Idaho 83705-5354 IN REPLY REFER TO: 

 Y14(9560) 

**ELECTRONIC COPY ONLY – NO HARD COPY TO FOLLOW**
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

MICHAEL LONG,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D23-1353

December 1, 2023

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for 

Hillsborough County; Kimberly K. Fernandez, Judge.

PER CURIAM.

Affirmed.

SLEET, C.J., and CASANUEVA and MORRIS, JJ., Concur.

Opinion subject to revision prior to official publication.
<PAGE>

                                  Exhibit 99.1

                                CERTIFICATION (1)

         Pursuant to Section 906 of the Public Company Accounting Reform and
Investor Protection Act of 2002 (18 U.S.C. Section. 1350, as adopted), Emile
Loria, M.D., the Chief Executive Officer of Epimmune Inc. (the "Company"), and
Robert De Vaere, the Chief Financial Officer of the Company, each hereby
certifies that, to the best of his knowledge:

1.       The Company's Quarterly Report on Form 10-Q for the period ended March
31, 2003, to which this Certification is attached as Exhibit 99.1 (the "Periodic
Report"), fully complies with the requirements of Section 13(a) or Section 15(d)
of the Securities Exchange Act of 1934, as amended; and

2.       The information contained in the Periodic Report fairly presents, in
all material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.

Dated:   May 9, 2003

  /s/ Emile Loria                                   /s/ Robert De Vaere
------------------------------------              ------------------------------
Emile Loria, M.D.                                 Robert De Vaere
Chief Executive Officer                           Chief Financial Officer

--------------------------------
(1) This certification accompanies the Form 10-Q to which it relates, is not
deemed filed with the SEC and is not to be incorporated by reference into any
filing of the Company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-Q, irrespective of any general incorporation language
contained in such filing).

                                        1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 10-Q AND
     IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              SEP-30-1998
<PERIOD-START>                                 OCT-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         806
<SECURITIES>                                   0
<RECEIVABLES>                                  19,043
<ALLOWANCES>                                   8,139
<INVENTORY>                                    32,401
<CURRENT-ASSETS>                               61,009
<PP&E>                                         29,580
<DEPRECIATION>                                 0      
<TOTAL-ASSETS>                                 108,659
<CURRENT-LIABILITIES>                          24,840
<BONDS>                                        9,110
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       71
<OTHER-SE>                                     40,690
<TOTAL-LIABILITY-AND-EQUITY>                   108,659
<SALES>                                        36,983
<TOTAL-REVENUES>                               36,983
<CGS>                                          30,408
<TOTAL-COSTS>                                  30,408
<OTHER-EXPENSES>                               6,333
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,024
<INCOME-PRETAX>                                (488)
<INCOME-TAX>                                   (107)
<INCOME-CONTINUING>                            (381)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (381)
<EPS-PRIMARY>                                  (.05)
<EPS-DILUTED>                                  (.05)
        

</TABLE>
**EXHIBIT 23.1**

 

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements(Form S-8 Nos. 333-16707, 333-37758, 333-69658, 333-88636, 333-92883, 333-105976; and Form S-3 No. 333-34124) of Ventana Medical Systems, Inc., of our reports dated March 14, 2005, with respect to the consolidated financial statements and scheduleof Ventana Medical Systems, Inc., Ventana Medical Systems, Inc. management’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of Ventana MedicalSystems, Inc., included in its Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/    ERNST & YOUNG LLP 

 

Phoenix, Arizona 

March 15, 2005
**Helicopter ModuleChecklist #13**

**Helicopter ModuleChecklist #13**

For the National Preparedness Review you will need to have the following items available for review.

**13-1Revised 2014**

**13-8Revised 2014**
Exhibit 32.2

CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Optical Molecular Imaging, Inc (the Company) hereby certifies that, to his knowledge:

(i) The Quarterly Report on Form 10-QSB of the Company for the fiscal quarter ended March 31, 2006 (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: May 21, 2006 |  |  |  | By: |  | /s/ C. Kirk Peacock
|                   |  |  |  |     |  |                     |  | C. Kirk Peacock                      
|                   |  |  |  |     |  |                     |  | Chief Financial Officer and Treasurer
**Exhibit 32.1**

 

**CREDENCE SYSTEMS CORPORATION**

 

**CERTIFICATION**

 

In connection with the Annual Report of Credence Systems Corporation (the “Company”) on Form 10-K for the period ended October 31, 2005 asfiled with the Securities and Exchange Commission (the “Report”), I, David A. Ranhoff, President and Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63,Section 1350 of the United States Code, that to the best of my knowledge: 

 

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

 

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

 

This Certification has not been, and shall not be deemed, “filed”with the Securities and Exchange Commission. 

 

Date:    January 17, 2006
EXHIBIT 23


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS




As independent public accountants, we hereby consent to the incorporation by
reference in this Form 10-K of our report dated January 27, 1998 included in 
American Home Products Corporation's (the Company) Annual Report to 
Shareholders for the year ended December 31, 1997.  Furthermore, we consent 
to the incorporation of our reports dated January 27, 1998 included in or made
part of this Form 10-K, into the Company's previously filed Registration 
Statements on Form S-3 (File Nos. 33-45324 and 33-57339) and on Form S-8 
(File Nos. 2-96127, 33-24068, 33-41434, 33-53733, 33-55449, 33-45970, 33-14458,
33-50149, 33-55456 and 333-15509).




                              ARTHUR ANDERSEN LLP





New York, N.Y.
March 27, 1998
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Page 54549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25466]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 070717342-7713-02]
RIN 0648-XS19


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery; 2010 Fishing Quotas for Atlantic 
Surfclams and Ocean Quahogs

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  NMFS is announcing that the quotas for the Atlantic surfclam 
and ocean quahog fisheries for 2010 remain status quo. Regulations 
governing these fisheries require NMFS to notify the public in the 
Federal Register of the allowable harvest levels for Atlantic surfclams 
and ocean quahogs from the Exclusive Economic Zone if the previous 
year's quota specifications remain unchanged.

ADDRESSES:  Written inquiries may be sent to: Regional Administrator, 
National Marine Fisheries Service, Northeast Regional Office, 55 Great 
Republic Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT:  Anna Macan, Fishery Management 
Specialist, (978) 281-9177; fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: The fishery management plan for the Atlantic 
surfclam and ocean quahog fisheries requires that NMFS issue 
notification in the Federal Register of the upcoming year's quota, even 
in cases where the quota remains unchanged from the previous year. At 
its June 2009 meeting, the Mid-Atlantic Fishery Management Council 
voted that no action be taken to change the quota specifications for 
Atlantic surfclams and ocean quahogs for the 2010 fishing year (January 
1 through December 31, 2010), and recommended maintaining the 2008 
quota levels of 3.4 million bu (181 million L) for Atlantic surfclams, 
5.333 million bu (284 million L) for ocean quahogs, and 100,000 Maine 
bu (3.524 million L) for Maine ocean quahogs, as announced in the 
Federal Register on January 4, 2008 (73 FR 820).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-25466 Filed 10-21-09; 8:45 am]
BILLING CODE 3510-22-S
Exhibit 32.2

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 Annual  report on Form 10KSB of ATEL Cash  Distribution
Fund V, LP, (the  "Partnership") for the period ended December 31, 2004 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
and  pursuant  to 18  U.S.C.  ss.1350,  as  adopted  pursuant  to  ss.906 of the
Sarbanes-Oxley  Act of 2002, I, Paritosh K. Choksi,  Chief Financial  Officer of
ATEL Financial Services, LLC, general partner of the Partnership, hereby certify
that:

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 results of operations of the Partnership.

Date:             3/29/2005



/s/ Paritosh K. Choksi
--------------------------------------
Paritosh K. Choksi
Executive Vice President of General
Partner, Principal financial officer of registrant
<PAGE>

Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

          Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc.
(the "Company") hereby certifies, to the best of such officer's knowledge, that:

          (i) the accompanying Annual Report on Form 10-K/A of the Company for
     the fiscal year ended January 28, 2006 (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.


Dated: May 10, 2006                      /s/ Richard S. Wallington
                                        ----------------------------------------
                                        Richard S. Wallington
                                        Chief Financial Officer