alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[988 NE2d 505, 965 NYS2d 770]

#### The People of the State of New York, Respondent, v Daniel Floyd, Appellant.

Decided April 25, 2013

*893APPEARANCES OF COUNSEL

*Lynn W.L. Fahey, Appellate Advocates,*New York City *(Allegra Glashausser*of counsel), for appellant.

*Charles J. Hynes, District Attorney,*Brooklyn *(Rhea A. Grob*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was convicted of second degree felony murder, second degree manslaughter, and second degree criminal possession of a weapon for murdering Leon Hill during the robbery of an underground dice game. Before jury selection, defense counsel informed the judge that defendant’s mother was waiting outside, unable to find a seat in the courtroom. Defense counsel observed, “[c]ertainly, as a public spectator, she has an absolute right to be present ... I can’t think of anything else at this particular point about which I might make a record.”

The trial judge informed defense counsel that because the jury panel was larger than normal, defendant’s mother would need to wait outside the courtroom until he could excuse jurors to create room. Defense counsel replied “right” and informed defendant’s mother.

The Appellate Division found that defendant failed to preserve his objection to his mother’s exclusion from the courtroom and otherwise upheld his convictions *(People v Floyd,*95 AD3d 1138, 1139 [2d Dept 2012]). We reverse.

Defendants have a constitutional right to a “public trial” (US Const Amend VI; *Presley v Georgia,*558 US 209, 211-214 [2010]). Mere courtroom overcrowding is not an overriding interest justifying courtroom closure, and the trial judge failed to consider reasonable alternatives before excluding defendant’s mother from the courtroom *(People v Alvarez,*20 NY3d 75*894[2012]; *People v Martin,*16 NY3d 607, 612 [2011]). This violation is per se prejudicial and requires a new trial *(Martin,*16 NY3d at 613).

Defense counsel properly preserved his objection by raising the issue to the trial court when given the opportunity to “make a record” before jury selection. His statements “unquestionably apprised” the trial judge of the constitutional rights at issue and the obligation to consider reasonable alternatives *(People v Garcia,*95 NY2d 946 [2000]).

Chief Judge Lippman and Judges Gkaffeo, Read, Smith, Pigott and Rivera concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and a new trial ordered, in a memorandum.
<TABLE>
<CAPTION>

                                                              Exhibit 12(f)

                        System Energy Resources, Inc.
            Computation of Ratios of Earnings to Fixed Charges and
                    Ratios of Earnings to Fixed Charges



                                                      1998      1999      2000      2001      2002
<S>                                                  <C>       <C>       <C>       <C>       <C>
Fixed charges, as defined:
  Total Interest                                     $116,060  $147,982  $118,519  $138,018  $76,639
  Interest applicable to rentals                        5,189     3,871     5,753     4,458    3,250
                                                     -----------------------------------------------
Total fixed charges, as defined                      $121,249  $151,853  $124,272  $142,476  $79,889
                                                     ===============================================
Earnings as defined:
  Net Income                                         $106,476   $82,375   $93,745  $116,355  103,352
  Add:
    Provision for income taxes:
      Total                                            77,263    53,851    81,263    43,761   76,177
    Fixed charges as above                            121,249   151,853   124,272   142,476   79,889
                                                     -----------------------------------------------

Total earnings, as defined                           $304,988  $288,079  $299,280  $302,592 $259,418
                                                     ===============================================

Ratio of earnings to fixed charges, as defined           2.52      1.90      2.41      2.12     3.25
                                                     ===============================================



</TABLE>
#### In the Matter of Lindwood Collins, Appellant, v Brian S. Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

Submitted June 25, 2012;

decided September 6, 2012

Motion for reargument of motion for leave to appeal denied *[see*19 NY3d 803 (2012)].
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from Entergy
Arkansas' financial statements for the year ended December 31, 1996 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000007323
<NAME> ENTERGY ARKANSAS INC.
<SUBSIDIARY>
   <NUMBER> 001
   <NAME> ENTERGY ARKANSAS, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    2,850,520
<OTHER-PROPERTY-AND-INVEST>                    219,543
<TOTAL-CURRENT-ASSETS>                         595,396
<TOTAL-DEFERRED-CHARGES>                       488,358
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               4,153,817
<COMMON>                                           470
<CAPITAL-SURPLUS-PAID-IN>                      590,169
<RETAINED-EARNINGS>                            491,316
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,198,305
<PREFERRED-MANDATORY>                           40,027
<PREFERRED>                                    116,350
<LONG-TERM-DEBT-NET>                         1,255,388
<SHORT-TERM-NOTES>                                 667
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                   32,465
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                     83,940
<LEASES-CURRENT>                                53,012
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,490,013
<TOT-CAPITALIZATION-AND-LIAB>                4,153,817
<GROSS-OPERATING-REVENUE>                    1,743,433
<INCOME-TAX-EXPENSE>                            84,444
<OTHER-OPERATING-EXPENSES>                   1,433,283
<TOTAL-OPERATING-EXPENSES>                   1,433,283
<OPERATING-INCOME-LOSS>                        310,150
<OTHER-INCOME-NET>                              36,477
<INCOME-BEFORE-INTEREST-EXPEN>                 346,627
<TOTAL-INTEREST-EXPENSE>                       104,385
<NET-INCOME>                                   157,798
<PREFERRED-STOCK-DIVIDENDS>                     16,110
<EARNINGS-AVAILABLE-FOR-COMM>                  141,688
<COMMON-STOCK-DIVIDENDS>                       142,800
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                         376,578
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 1735** 

RELIABLE LIMOUSINE AND BUS SERVICE, LLC; RELIABLE BUS, LLC , Petitioners ,

v.
WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION , Respondent

.

On Petition for Review of an Order of the Washington Metropolitan Area Transit Commission. ( AP

- 2012

- 183; AP

- 2012

- 184 )

Submitted : January 16, 2014 Decided: February 5, 2014

Before NIEMEYER, GREGORY, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.
Elyse L. Strickland, Maurice B. VerStandig, OFFIT KURMAN, PA, Bethesda, Maryland, for Petitioners. Jeffrey M. Lehmann, William S. Morrow, Jr., WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Silver Spring, Maryland, for Respondent.

U npublished opinions are not binding precedent in this circuit.2 PER CURIAM: Reliable Limousine and Bus Service, LLC , and Reliable
Bus, LLC , petition this court for review of a Washington Metropolitan Area Transit Commission order denying , without prejudice , their applications for certificates of authority. We
have reviewed the record and find no reversible error . Accordingly, we affirm the Commission’s order

. See In re: Reliable Limousine & Bus Serv., LLC , Nos. AP

- 2012

- 183, AP

- 2012

- 184, Order No. 13,775 ( WMATC Feb. 28, 2013 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
#### UNITED STATES of America, Plaintiff-Appellee, v. Garrett Lee WHITESIDE, also known as Garrett Whiteside, also known as Garrett L. Whiteside, also known as Garry Whiteside, Defendant-Appellant.

No. 05-41081.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 21, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern Dis*460trict of Texas, Houston, TX, for PlaintiffAppellee.

Larry Chris lies, Rockport Mail Center, Rockport, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Garrett Lee Whiteside has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Whiteside was notified of his right to file a response, but he has not done so. Our independent review of counsel’s brief and the record discloses no nonfrivolous issues for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

AMERICAN S GROUP, LLC,

Appellant,

v.

BIG CHOICE, LLC,

Appellee.

No. 4D17-792

[May 24, 2018]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; John B. Bowman, Judge; L.T. Case No. CACE 16-018338 

(02).

Andrey Solonenko, Miramar, for appellant.

Jordana Sarrell of Sarrell, Sarrell & Bender, P.L., Boca Raton, for 

appellee.

PER CURIAM.

Affirmed.

GERBER, C.J., GROSS and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
II 

111TH CONGRESS 

2D SESSION S. 3510 

To amend the Internal Revenue Code of 1986 to permanently extend the 

15-year recovery period for qualified leasehold improvement property, 

qualified restaurant property, and qualified retail improvement property. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2010 

Mr. CONRAD (for himself, Mr. CORNYN, Mr. GRAHAM, Mr. NELSON of Florida, and Mr. LEMIEUX) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to permanently 

extend the 15-year recovery period for qualified leasehold 

improvement property, qualified restaurant property, and 

qualified retail improvement property. 

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

3 SECTION 1. PERMANENT EXTENSION OF TREATMENT OF 

4 QUALIFIED LEASEHOLD IMPROVEMENT 

5 PROPERTY AS 15-YEAR PROPERTY FOR PUR6 POSES OF DEPRECIATION DEDUCTION. 

7 (a) IN GENERAL.—Clause (iv) of section 

8 168(e)(3)(E) of the Internal Revenue Code of 1986 is 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3510 IS

1 amended by striking ‘‘placed in service before January 1, 

2 2010’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to property placed in service after 

5 December 31, 2009. 

6 SEC. 2. PERMANENT EXTENSION OF TREATMENT OF QUALI7 FIED RESTAURANT PROPERTY AS 15-YEAR 

8 PROPERTY FOR PURPOSES OF DEPRECIA9 TION DEDUCTION. 

10 (a) IN GENERAL.—Clause (v) of section 168(e)(3)(E) 

11 of the Internal Revenue Code of 1986 is amended by strik12 ing ‘‘placed in service before January 1, 2010’’. 

13 (b) TREATMENT TO INCLUDE NEW CONSTRUC14 TION.—Clause (i) of section 168(e)(7)(A) of such Code is 

15 amended by striking ‘‘, and before January 1, 2010’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to property placed in service after 

18 December 31, 2009. 

19 SEC. 3. PERMANENT EXTENSION OF TREATMENT OF QUALI20 FIED RETAIL IMPROVEMENT PROPERTY AS 

21 15-YEAR PROPERTY FOR PURPOSES OF DE22 PRECIATION DEDUCTION. 

23 (a) IN GENERAL.—Clause (ix) of section 

24 168(e)(3)(E) of the Internal Revenue Code of 1986 is 

25 amended by striking ‘‘, and before January 1, 2010’’. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 3510 IS

1 (b) CONFORMING AMENDMENT.—Section 168(e)(8) 

2 of such Code is amended by striking subparagraph (E). 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 December 31, 2009. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
<TABLE> <S> <C>
                                           
<ARTICLE>                                       5
                                                 
<S>                                               <C>
<PERIOD-TYPE>                                   3-MOS
<FISCAL-YEAR-END>                               DEC-31-1998
<PERIOD-END>                                    DEC-31-1998
<CASH>                                               1,169,593
<SECURITIES>                                                 0
<RECEIVABLES>                                           63,373
<ALLOWANCES>                                            32,623
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                             0
<PP&E>                                                       0
<DEPRECIATION>                                               0
<TOTAL-ASSETS>                                       3,674,129
<CURRENT-LIABILITIES>                                        0
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                     0
<OTHER-SE>                                           2,969,239
<TOTAL-LIABILITY-AND-EQUITY>                         3,674,129
<SALES>                                                      0
<TOTAL-REVENUES>                                       499,378
<CGS>                                                        0
<TOTAL-COSTS>                                                0
<OTHER-EXPENSES>                                       145,504
<LOSS-PROVISION>                                         4,995
<INTEREST-EXPENSE>                                      16,946
<INCOME-PRETAX>                                        331,933
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                    331,933
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                           331,933
<EPS-PRIMARY>                                                0
<EPS-DILUTED>                                                0
        
 

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT MARCH 31, 1997, AND THE STATEMENTS OF OPERATIONS FOR THE THREE MONTHS
ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         205,200
<SECURITIES>                                         0
<RECEIVABLES>                                   84,800
<ALLOWANCES>                                     3,500
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       6,352,700
<DEPRECIATION>                               2,778,300
<TOTAL-ASSETS>                               6,144,000
<CURRENT-LIABILITIES>                        1,290,100
<BONDS>                                      1,288,400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,144,000
<SALES>                                              0
<TOTAL-REVENUES>                               730,800
<CGS>                                                0
<TOTAL-COSTS>                                  677,700
<OTHER-EXPENSES>                               (2,100)
<LOSS-PROVISION>                                16,900
<INTEREST-EXPENSE>                              33,100
<INCOME-PRETAX>                                 22,100
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             22,100
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    22,100
<EPS-PRIMARY>                                     0.60
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT
      32





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350











We, each hereby certify to the best of
our knowledge that the Quarterly Report of Form 10-Q of Gateway Tax Credit Fund,
Ltd. for the period ended September 30, 2009 containing the financial statements
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 that information contained
in the periodic report fairly presents, in all material respects, the financial
condition and results of operations of Gateway.








/s/ Ronald M. Diner
              Ronald
      M. Diner
              President
              Raymond
      James Tax Credit Funds, Inc.
              (the
      Managing General Partner)
              November
      13, 2009/s/ Toni S. Matthews
              Toni
      S. Matthews
              Vice
      President and Chief Financial Officer
              Raymond
      James Tax Credit Funds, Inc.
              (the
      Managing General Partner)
              November
      13, 2009
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 110 Media Group, Inc. (the
"Company") on Form 10-QSB for the quarter ending March 31, 2006 as filed with
the Securities and Exchange Commission on May 15, 2006 (the "Report"), I,
William Mobley, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

      (1)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities Exchange Act of 1934; 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/ William Mobley
------------------
William Mobley
Chief Executive Officer
May 15, 2006


A signed original of this certification 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.
<PAGE>

EXHIBIT 32.2

                                  CERTIFICATION

I, John R. Judd, Chief Financial Officer of ATS Medical, Inc. (the "Company")
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that:

The Quarterly Report on Form 10-Q of the Company for the quarter ended March 31,
2006 (the "Report") fully complies with the requirements of Section 13(a) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78m); and

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

Date: July 17, 2006


/s/ John R. Judd
------------------------------------
Name: John R. Judd
Title: Chief Financial Officer
Document

Exhibit 10.2
AMENDMENT TO THE TRANSITION SERVICES AGREEMENT
This Amendment to the Transition Services Agreement, effective as of this 28th day of July, 2022 (the “Amendment Effective Date”), is between bluebird bio, Inc. a Delaware corporation with a principal address at 455 Grand Union Blvd, Somerville, MA 02145 (“bluebird”.) and 2seventy bio, Inc., a Delaware corporation with a principal address at 60 Binney St., Cambridge, MA 02142 (“2seventy”).


WHEREAS, 2seventy and bluebird entered into a Transition Services Agreement dated November 1, 2021 (the “TSA”);
WHEREAS, the parties desire to amend and restate Service Schedules 9.1, 9.2, 9.3, 9.4 and 9.5.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereby agree to modify the TSA as follows:


1.    Service Schedules 9.1, 9.2, 9.3, 9.4 and 9.5 shall be amended and restated in its entirety as set forth on Exhibit A attached hereto.


2.    Except as specifically amended herein, the TSA will remain in full force and effect. All terms capitalized herein but not otherwise defined shall have the meanings ascribed to such terms in the TSA. This Amendment may be executed in one or more counterparts, each of which will be deemed an original and all of which together will be deemed to be one and the same instrument.


[Signature Page Follows]













In Witness Whereof, the authorized representatives of the parties have executed this Amendment to the Transition Services Agreement as of the Amendment Effective Date.


															
	Acknowledged and Agreed:			
					
	bluebird bio, Inc.		2seventy bio, Inc.
					
	By	/s/ Jason Cole		By	/s/ Teresa Jurgensen
	Name	Jason Cole		Name	Teresa Jurgensen
	Title	Chief Strategy & Financial Officer		Title	SVP, General Counsel