alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[984 NE2d 922, 960 NYS2d 724]

#### The People of the State of New York, Respondent, v Jarvis Lassalle, Appellant.

Argued January 10, 2013;

decided February 12, 2013

*1025APPEARANCES OF COUNSEL

*Kevin J. Bauer,*Albany, for appellant.

*Frank A. Sedita, III, District Attorney,*Buffalo *(Donna*A. *Milling*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant, facing multiple felony charges, pleaded guilty to one count of robbery in the first degree. He was adjudicated a second felony offender and was sentenced to 15 years’ imprisonment, to be served concurrently with another sentence. At his 2006 plea, he was not advised that his sentence included five years of postrelease supervision. Defendant now maintains that he received ineffective assistance of appellate counsel when his attorney did not brief that issue in his 2008 direct appeal *(see People v Louree,*8 NY3d 541 [2007]; *People v Catu,*4 NY3d 242 [2005]).

On the present record, defendant has not shown that there was no strategic or other legitimate basis for appellate counsel’s failure to raise what would have been a dispositive argument against the plea bargain *(see People v Rivera,*14 NY3d 753, 754 [2010]; *People v Turner,*5 NY3d 476, 480 [2005]). For all that appears in this record, counsel did not make the argument because defendant did not want to withdraw his plea if the other ground for his appeal proved unsuccessful. We note however that where a defendant in a coram nobis points to a clear error on the face of the County Court record, there are avenues to more fully explore potentially meritorious claims *(see e.g. People v D'Alessandro,*13 NY3d 216, 220-221 [2009]; *People v Bachert,*69 NY2d 593, 600 [1987]). If a new coram nobis petition is filed, the Appellate Division should consider whether those avenues should be followed.

Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott concur; Judge Rivera taking no part.

Order affirmed, in a memorandum.
Exhibit 31.3

Certification of Chief Executive Officer Required By

Exchange Act Rules 13a-14(a) and 15d-14(a)

I, Norman Schwartz, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Bio-Rad Laboratories, Inc.; and
| | -- | ---------------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |  |  |                                                                              
|-------------------- |  |  |  |  |  | -----------------------------------------------------------------------------
|Date: April 26, 2018 |  |  |  |  |  | /s/ Norman Schwartz                                                          
|                     |  |  |  |  |  | Norman Schwartz, Chairman of the Board, President and Chief Executive Officer
IV 

116TH CONGRESS 

1ST SESSION H. RES. 520 

Remembering kindness in the United States and affirming our commitment 

to fostering community and building resiliency through every day acts 

of kindness. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2019 

Mr. CORREA submitted the following resolution; which was referred to the 

Committee on Oversight and Reform 

RESOLUTION 

Remembering kindness in the United States and affirming 

our commitment to fostering community and building 

resiliency through every day acts of kindness. 

Whereas kindness means doing something for someone else 

with no expectation of anything in return; 

Whereas kindness can change a family, a neighborhood, a 

school, a city, a nation, and ultimately, our world; 

Whereas residents within the United States have a long history of demonstrating kindness daily in their homes, 

schools, places of faith, businesses, community organizations, and throughout their neighborhoods; 

Whereas kindness has the power to connect people and to 

build community and is the mortar that connects and 

builds our Nation’s social infrastructure; 


kjohnson on DSK79L0C42 with BILLS
2 

•HRES 520 IH 

Whereas the culture of kindness and compassion can heal the 

country from within and promote a healthier society; 

Whereas studies have shown that kindness can improve several aspects of health, mindfulness, self-compassion, compassion toward others, and interpersonal conflict; and 

Whereas kindness can foster strong bonds that will bring individuals together despite their differences in order to 

tackle the challenges that face our Nation in a nonpartisan manner: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that the United States shall recognize kind 

3 actions in this country, encourage kindness, spread love, 

4 and foster a culture of being kind to one another. 

Æ 


kjohnson on DSK79L0C42 with BILLS
**Exhibit
      99.2**




CERTIFICATE
      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 (the “Quarterly Report”) on the Form 10-QSB
      of Loma Verde Inc. (the “Loma”) for the six months ended March 31, 2006, as
      filed with the Securities and Exchange Commission on the date hereof, I, Peter
      Hill, Chief Executive Officer, President and Director, 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
      Quarterly Report fully complies with the requirements of Section 13 (a) or
      15
      (d) of the Securities and Exchange Act of 1934, as amended; and





2.
      The
      information contained in this Quarterly Report fairly presents, in all material
      respects, the financial condition and results of operation of Loma.











Date:
      May
      30, 2006


PETER
      HILL


Peter
      Hill


Chief
      Executive Officer,


President
      and Director










-1-
Exhibit 31.1

 

CERTIFICATIONPURSUANT  TO SECTION 302

OFTHE SARBANES-OXLEY ACT OF 2002

 

I, Dr. Ronald B. Trapp, certifythat:

 

1.              I have reviewed this annual report on Form 10-KSB of Broadband WirelessInternational Corporation, Inc., for the fiscal year ended March 31, 2003;

 

2.              Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.              Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.              The registrant's other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a)   Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)   Evaluated the effectiveness of the registrant's disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

(c)   Disclosed in this report any change in the registrant's internal control overfinancial reporting that occurred during the registrant's most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant's internal control over financial reporting; and

 

5.              The registrant's other certifying officer and I have disclosed, based upon ourmost recent evaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent functions):

 

(a)   All significant deficiencies and material weaknesses in the design or operationof internal controls over financial reporting  which are reasonably likelyto adversely affect the registrant's ability to record, process, summarize andreport financial information; and

 

(b)   Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant's internal controls.

 

Date:  August 19, 2003.

 

 

By:           /s/ Dr. Ronald B. Trapp

                                                                            Dr. Ronald B. Trapp

                                                                           Chief Financial Officer
Affirmed and Memorandum Opinion filed January 28, 2020.

In The 

Fourteenth Court of Appeals 

NO. 14-18-00636-CR

EVAN ANDREW BASHAM, Appellant 

V.

THE STATE OF TEXAS, Appellee 

On Appeal from the 264th District Court 

Bell County, Texas 

Trial Court Cause No. 76631 

MEMORANDUM OPINION 

Appellant appeals his conviction for aggravated sexual assault. Appellant’s 

appointed counsel filed a brief in which he concludes the appeal is wholly 

frivolous and without merit. The brief meets the requirement of Anders v. 

California, 386 U.S. 738 (1967), presenting a professional evaluation of the record 

and demonstrating why there are no arguable grounds to be advanced. See High v. 

State, 573 S.W.2d 807 (Tex. Crim. App. 1978). 
2

 A copy of counsel’s brief was delivered to appellant. Appellant was advised 

of the right to examine the appellate record and file a pro se response. See Stafford 

v. State, 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). At appellant’s request, the 

record was provided to him. On September 6, 2019, appellant filed a pro se 

response to counsel’s brief. 

 We have carefully reviewed the record, counsel’s brief, and appellant’s 

response, and agree the appeal is wholly frivolous and without merit. Further, we 

find no reversible error in the record. A discussion of the brief would add nothing 

to the jurisprudence of the state. We are not to address the merits of each claim 

raised in an Anders brief or a pro se response when we have determined there are 

no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 

(Tex. Crim. App. 2005). 

 Accordingly, the judgment of the trial court is affirmed. 

PER CURIAM 

Panel consists of Justices Wise, Jewell, and Poissant. 

Do Not Publish — Tex. R. App. P. 47.2(b).
#### William R. Kahn, Respondent, v Jill B. Oshin-Kahn, Appellant.

[859 NYS2d 3]

Defendant’s motion for upward modification seeks not only *453an increase in the amounts of maintenance and child support but also an extension of the term of maintenance, which was originally set in the divorce judgment at five years, and is based on a change in circumstances, to wit, a deterioration in defendant’s health preventing her from fully reentering the work force and becoming self-supporting. Defendant’s health began to deteriorate approximately six months after Supreme Court concluded its hearing on plaintiff’s prior request for a downward modification of maintenance and child support based on an alleged change in his financial circumstances. Accordingly, the issues concerning defendant’s health and ability to work were not part of the downward modification proceedings, the focus of which was plaintiffs alleged changed financial circumstances, or defendant’s ensuing appeal from the order granting plaintiff a downward modification, the focus of which was the sufficiency of plaintiffs proof of changed financial circumstances (43 AD3d 253 [2007] [remanding for computation of a smaller downward modification and an award of counsel fees to defendant]). We note that even if plaintiff ultimately obtains a downward modification, defendant may still have a valid argument for, inter alia, extending the duration of maintenance.

There is no merit to plaintiffs argument that the appeal should be dismissed because defendant filed an incomplete and inadequate appendix. The omitted materials, mostly plaintiffs opposition papers to defendant’s motion for an upward modification, are not necessary to resolve the issue on appeal, i.e., whether the issues raised in defendant’s motion are the same as those she raised in her prior appeal, and therefore did not have to be included in the appendix. Plaintiff was free to supplement the appendix by filing his own appendix, which he did *(see Mandell v Grosfeld,*65 AD2d 743 [1978]). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.
IV 

116TH CONGRESS 

1ST SESSION H. RES. 295 

Reaffirming that voting is a fundamental right of all eligible United States 

citizens and recognizing that allowing illegal immigrants the right to 

vote devalues the franchise and diminishes the voting power of United 

States citizens. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2019 

Mr. GIBBS (for himself, Mr. KING of Iowa, Mr. GOSAR, Mr. WEBER of Texas, 

and Mrs. LESKO) submitted the following resolution; which was referred 

to the Committee on the Judiciary 

RESOLUTION 

Reaffirming that voting is a fundamental right of all eligible 

United States citizens and recognizing that allowing illegal immigrants the right to vote devalues the franchise 

and diminishes the voting power of United States citizens. 

1 Resolved, That the House of Representatives— 

2 (1) reaffirms that voting is a fundamental right 

3 of all eligible United States citizens, protected by the 

4 Constitution and the Fourteenth Amendment; and 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 295 IH 

1 (2) recognizes that allowing illegal immigrants 

2 the right to vote devalues the franchise and dimin3 ishes the voting power of United States citizens. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
**Exhibit 32.1**

**Spherix Incorporated**

 

----

 

**Certification of**

**Chief Executive Officer**

**Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002**

 

I, Claire L. Kruger,Chief Executive Officer and Chief Operating Officer of Spherix Incorporated(the “Company”), in compliance with Section 906 of the Sarbanes-Oxley Actof 2002, hereby certify that, to the best of my knowledge, the Company’s AnnualReport on Form 10-K for the period ended December 31, 2007 (the “Report”)filed with the Securities and Exchange Commission:

 

·                  Fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

·                  The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
|   | /s/ Claire L. Kruger                                  |
|--------|-------------------------------------------------------|
|   | Claire L. Kruger                                      |
|   | Chief  Executive Officer and Chief  Operating Officer |
|   | April 3, 2008                                    |

 

A signed copy of thiswritten statement required by Section 906 has been provided to SpherixIncorporated and will be retained by Spherix Incorporated and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
EXHIBIT 32.1
------------


                    CERTIFICATION PURSUANT TO SECTION 906
                      OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Landauer, Inc. (the "Company")
on Form 10-Q for the period ended June 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
William E. Saxelby, President and Chief Executive 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:

i.    The Report fully complies with the requirements of section 13(a) or
      15(d) of the Securities Exchange Act of 1934; and

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

A signed original of this written statement required by Section 906 has
been provided to Landauer, Inc. and will be retained by Landauer, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.



                                    /s/ William E. Saxelby
                                    ------------------------------------
                                    William E. Saxelby
                                    President & Chief Executive Officer



August 6, 2010
#### In the Matter of Marvin Pollack, Appellant, v Peter Formica, Respondent. (And Another Proceeding.)

Submitted February 4, 2013;

decided March 28, 2013

On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Page 28687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14194]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-212]


Union Electric Company, dba AmerenUE; Notice of Availability of 
Environmental Assessment

June 10, 2009.
    In accordance with the National Environmental Policy Act of 1969, 
as amended, and the Federal Energy Regulatory Commission's (Commission) 
regulations (18 CFR Part 380), Commission staff has reviewed the 
Shoreline Management Plan (SMP), filed March 28, 2008, for the Osage 
Project (FERC No. 459). An environmental assessment (EA) has been 
prepared as part of staff's review. The project licensee, AmerenUE, 
developed the SMP in accordance with license article 417 of the license 
for the Osage Project. The project is located in Benton, Camden, 
Miller, and Morgan Counties, Missouri.
    In the EA, Commission staff analyzes the probable environmental 
effects of the SMP and concludes that approval of the SMP, with 
appropriate environmental measures, would not constitute a major 
Federal action significantly affecting the quality of the human 
environment.
    A copy of the EA is available for review at the Commission's Public 
Reference Room, or it may be viewed on the Commission's Web site at 
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket 
number (P-459) in the docket number field to access the document. For 
assistance, call (202) 502-8222, or (202) 502-8659 (for TTY).
    Any comments should be filed by, July 10, 2009, and should be 
addressed to Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. Please reference the Osage Project 
No. 459, on all comments. For further information on this notice, 
please contact Shana High at (202) 502-8674.
    Comments may be filed electronically via the Internet in lieu of 
paper. See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the 
Commission's Web site at http://www.ferc.gov under the e-Filing link. 
The Commission strongly encourages electronic filing.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14194 Filed 6-16-09; 8:45 am]
BILLING CODE 6717-01-P
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#### In the Matter of City of Yonkers, Respondent, v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, Appellant.

Submitted October 15, 2012;

decided October 18, 2012

Motion by New York State Professional Firefighters Association, I.A.F.F., AFL-CIO for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.
96-2578 and 97-14.

#### J.A. Croson Co. v. J.A. Guy, Inc.

Pickaway App. No. 95CA10. On motion to seal portions of record and Vol. II of supplement of United Association of Journeymen, etc., motion for admission *pro hac vice*of Robert L. Duston, and motion for admission *pro hac vice*of Terry R. Yellig. Motions granted.
EXHIBIT 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350   I, Cynthia A. Van Horn, Chief Financial Officer and Treasurer of Blue Ridge Real Estate Company and Big Boulder Corporation (together, the Registrants), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:  (1) The Registrants Annual report on Form 10-K for the period ended October 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrants.  Date:  January 30, 2012 /s/ Cynthia A. Van Horn Cynthia A. Van Horn Chief Financial Officer and Treasurer