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

[822 NYS2d 248]

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered January 8, 2004, convicting defendant, after a jury trial, of auto stripping in the second degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. Although the registered owner of the subject vehicle did not testify, her *319husband’s testimony established that he had a possessory interest that was superior to defendant’s interest (cf. Penal Law § 155.00 [5] [definition of “owner” for larceny purposes]) and that defendant did not have permission to damage the car. Moreover, even if neither the owner nor her husband had testified, the circumstantial evidence would have established the element of lack of permission beyond a reasonable doubt *(see People v Borrero,*26 NY2d 430, 435-436 [1970]; *Matter of Kevin B.,*128 AD2d 63, 70 [1987], *affd*71 NY2d 835 [1988]; *People v Shurn,*69 AD2d 64, 67 [1979]). Concur—Buckley, P.J., Mazzarelli, Marlow, Sullivan and Gonzalez, JJ.
**EXHIBIT 32.1**

 

Alpha Pro Tech, Ltd.

 

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 theQuarterly Report of Alpha Pro Tech, Ltd. (the “Company”) on Form 10-Q for theperiod ending September 30, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Sheldon Hoffman, ChiefExecutive 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:

 

(1)                                  TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)); and

 

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| DATE:  | November 10, 2003 |                     | BY: | /s/Sheldon  Hoffman |
|--------|-------------------|--------------------------|-----|---------------------|
|   |              | SHELDON  HOFFMAN         |
|   |              | CHIEF  EXECUTIVE OFFICER |

 

1

----
Exhibit 31.1
 BROOKSIDE TECHNOLOGY HOLDINGS CORP
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO
RULE 13a-14(a) / 15d-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934
  1.
    
    I have reviewed this quarterly report on Form 10-QSB of Brookside Technology Holdings
Corp.;2.
    
    Based on my knowledge, this quarterly 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;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the small business issuer as of, and for, the
periods presented in this report;4.
    
    The small business issuers other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15e for the small business issuer and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the small business issuer, including its
consolidating subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;(b)
    
    Evaluated the effectiveness of the small business issuers disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and(c)
    
    Disclosed in this report any change in the small business issuers
internal control over financial reporting that occurred during the small business
issuers most recent fiscal quarter (the small business issuers fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuers internal
control over financial reporting; and
 5.
    
    The small business issuers other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the small
business issuers auditors and the audit committee of the small business issuers board of
directors (or persons performing equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the small business issuers ability to record, process,
summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuers internal
control over financial reporting.
  By:
    /s/  Michael NoleName:
    Michael NoleTitle:
    Chief Executive Officer
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

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

 

In connection with this Quarterly Report of Cruisestock, Inc.. (the “Company”) on Form 10-QSB for the period ending May 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ivette Hunsinger, Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 
| 1. | Such Quarterly Report on Form 10-QSB for the period ending May 31, 2006, 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 such Quarterly Report on Form 10-QSB for the period ending May 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of Cruisestock, Inc. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

   
| Dated: July 27, 2006 |
|----------------------|

 

**CRUISESTOCK, INC.**

 
| By: | */s/ Ivette Hunsinger*Chief Executive Officer and Chief Financial Officer |
|-----|---------------------------------------------------------------------------|
#### UNITED STATES of America, Plaintiff-Appellee, v. Juleen BROWN, a/k/a Carol Baxter, Defendant-Appellant.

No. 12-7657.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 13, 2012.

Decided: Dec. 19, 2012.

Juleen Brown, Appellant Pro Se. Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appel-lee.

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

*230Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Juleen Brown appeals the district court’s order denying her 18 U.S.C. § 3582(c)(2) (2006) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Brown,*No. 3:96-cr-00108-HEH-1 (E.D.Va. Sept. 18, 2012). 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.*
# cpsaat10
EXHIBIT 10.14


 


Summary
of Non-Employee Director Compensation 


 


Each of our non-employee directors, including
our Chairperson of the Board, receives an annual cash retainer equal to $18,000 and each non-employee director who serves as a
member of our Audit Committee receives an annual retainer equal to $2,000, while non-employee directors who serve as members of
our compensation or nominating and governance committees receive an annual retainer equal to $1,000. In addition to the annual
retainers, non-employee directors receive $2,500 for each Board meeting attended in person, $750 for each Board meeting attended
telephonically and $750 for each committee meeting attended in person or telephonically. Each non-employee director who serves
as the chairperson of our Audit Committee, Compensation Committee or Nominating and Corporate Governance Committee receives, for
services performed in such capacity, an annual retainer of $12,000, $5,000 and $5,000, respectively, in lieu of the retainer amount
provided to members of those committees. We reimburse each non-employee member of our Board for out-of-pocket expenses incurred
in connection with attending our Board and committee meetings.


 


Each non-employee director first appointed
to our Board automatically receives an initial option to purchase 30,000 shares of common stock upon such appointment, which
will vest over four years. In addition, at each annual meeting, non-employee directors who were non-employee directors for at least
six months prior to the annual meeting will automatically receive an option to purchase 10,000 shares of common stock, which
will be immediately vested and fully exercisable.


 


In addition to the amounts paid for service
to the Board or any committee as described above, the Lead Director receives an additional $5,000 per meeting for each regularly
scheduled quarterly Board meeting attended in person, $2,500 for each Board meeting attended in person during the year that is
not a regularly scheduled meeting, and an additional $750 for each Board meeting attended telephonically that is not a regularly
scheduled meeting.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6646

DARRIS ALTONY NEWSOME,

Petitioner – Appellant,

v.

HAROLD CLARKE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Liam O’Grady, District 

Judge. (1:15-cv-00449-LO-TCB)

Submitted: October 26, 2016 Decided: November 4, 2016

Before NIEMEYER and DUNCAN, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darris Altony Newsome, Appellant Pro Se. Kathleen Beatty Martin, 

Senior Assistant Attorney General, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Darris Altony Newsome seeks to appeal the district court’s 

order dismissing his 28 U.S.C. § 2254 (2012) petition as 

untimely. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2012). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Newsome has not made the requisite showing. Accordingly, we 

deny Newsome’s motion for a certificate of appealability, deny 

leave to proceed in forma pauperis, and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6232

COREY COLES, Petitioner - Appellant,

v. D.B. EVERETT; GENE JOHNSON; JOHN JABE, Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:08-cv-00493-RGD-FBS)

Submitted: June 22, 2009 Decided: June 30, 2009

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Corey Coles, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Corey Coles appeals the district court’s order dismissing without prejudice Coles’s 28 U.S.C. § 2254 (2006) petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the

district court. Coles v. Everett , No. 2:08-cv-00493-RGD-FBS (E.D. Va. Jan. 23, 2009). We deny Coles’s motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
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Exhibit 99.1

                            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 accompanying Annual Report of SPEAR & JACKSON,
INC. (the "Company") on Form 10-KSB for the year ending September 30, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Dennis Crowley, principal 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, to the best of my knowledge, 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 fully presents, in all
material respects, the financial condition and results of operations of the
Company.


                                               /s/ Dennis Crowley
                                                   -------------------------
                                          Name:    Dennis Crowley
                                          Title:   Principal Executive Officer
                                          Dated:   May 27, 2003
#### MORRIS v. WM. J. DUGGAN CO.

Civ. A. No. 1979.

District Court, D. Massachusetts.

Nov. 3, 1942.

Bernard Ginsburg, of Boston, Mass., for plaintiff.

Irving Lewis, of Boston, Mass., for defendant.

FORD, District Judge.

It appearing that Cornelius D. Duggan has already answered interrogatories proposed to him by the plaintiff, the motion, insofar as it relates to this subject, is denied. I see no reason for compelling any further answers.

 In the plaintiff’s motion to admit facts and documents, he designates no time within which the admissions should be ■made as required by Rule 36, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. If he amends his request in this regard and designates the time within which the admissions are requested, the defendant — if, of course, he cares to do so — will either deny, under oath, specifically the matters of which the admissions are requested or set forth in detail the reasons why he cannot truthfully admit or deny those matters. Rule 36, F.R.C.P.
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That bail be fixed at $10,000 and the defendant be released

upon unsecured appearance bond.

It is further ORDERED that, in addition to the above, the

following conditions are imposed:

1. Pretrial Services supervision

2. Surrender all passports and travel documents to PretrialServices. Do not apply for new travel documents.

3. Travel restricted to the continental United States.4. Abstain from the use of alcohol. Submit to testing and

treatment as directed by Pretrial Services.

5. Not to obtain employment in the accounting/bookkeeping

field unless the employer is made aware of the instant

offense.

It is further ORDERED that the defendant b furnished with a

copy of this order and a notice f theibenalte applicable to

violation of conditions of rel

I hereby certify that the defendant was furnished (personally) a

copy of this order and a notice of penalties applicable to

violation of conditions of release

.S.S. D. J.
of 

e

ease include those contained in the Appearance

Bond the defendant bay be required to execute.

Title 18, United States Code, Section 3150, provides that if

the defendant willfully fails to appear as required he shall

incur a forfeiture of any security given or pledged; and in

addition:

1. If the release was in connection with a charge of felony,

or while awaiting sentence or pending appeal, he shall

be fined not more than $5,000 or imprisoned not more

than five years, or both.

2. If the charge was a misdemeanor, he shall be fined not

more than the maximum provided for such misdemeanor or

imprisoned for not more than one year, or both.

3. If the above release relates to an appearance of a

material witness, the penalty for willfully failing to

appear is a fine of not more tan $1,000 or imprisonment

for not more than one year, or both.
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                                                   DEC-31-1998
<PERIOD-START>                                                      APR-01-1998
<PERIOD-END>                                                        JUN-30-1998
<EXCHANGE-RATE>                                                               1
<CASH>                                                                   20,811
<SECURITIES>                                                                968
<RECEIVABLES>                                                            32,741
<ALLOWANCES>                                                                  0
<INVENTORY>                                                                   0
<CURRENT-ASSETS>                                                         81,073
<PP&E>                                                                  108,596
<DEPRECIATION>                                                           25,112
<TOTAL-ASSETS>                                                          191,931
<CURRENT-LIABILITIES>                                                    85,836
<BONDS>                                                                  58,622
<PREFERRED-MANDATORY>                                                         0
<PREFERRED>                                                                   1
<COMMON>                                                                    107
<OTHER-SE>                                                               28,187
<TOTAL-LIABILITY-AND-EQUITY>                                            191,931
<SALES>                                                                       0
<TOTAL-REVENUES>                                                         98,784
<CGS>                                                                         0
<TOTAL-COSTS>                                                            95,724
<OTHER-EXPENSES>                                                           (257)
<LOSS-PROVISION>                                                              0
<INTEREST-EXPENSE>                                                        1,468
<INCOME-PRETAX>                                                           1,849
<INCOME-TAX>                                                                  0
<INCOME-CONTINUING>                                                       1,849
<DISCONTINUED>                                                                0
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<EPS-PRIMARY>                                                              0.10
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</TABLE>