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MONTAUK - Police no say no foul play was involved in the death of a Manhattan woman in Montauk.
Ninive Petrocelli was on a boat with her husband John when he says she fell overboard early Sunday morning.
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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
Lindenstrauss was awarded the Fields Medal at the International Congress of Mathematicians in Hyderabad, India, in 2010. His work involved ergodic theory (a branch of mathematics that arose from statistical physics), which he used to make significant progress on problems in number theory, such as the Littlewood conjecture about approximations to irrational numbers, and in quantum chaos, such as...
Russian American mathematician who was awarded the 2014 Abel Prize "for his fundamental contributions to dynamical systems, ergodic theory, and mathematical physics."


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The hotel is very good. Good value for money. The staff very co-operative. I had booked super deluxe room. The super deluxe room is very spacious.
the hotel was very good rooms were comfortable staff was cooperative.
we had a bitter experience at the time of check out with the hotel staff, as they forced to pay for my child, mineral water was charged after the a long quarrel the amount remitted was returned to us at the airport.


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"World's only 7 star equivilent hotel." Dubai Favorite Tip by Salswin
Dubai General: 170 reviews and 401 photos
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Infinite Visions – Stellar Eyes for Gen4 & Genesis
Posted by Blazer March 8, 2013
Posted in DAZ | Poser | Carrara, Lighting & Scripts
Infinite Visions – Stellar Eyes is a set of 50 unique celestial eye textures. Created for M4/V4, you can apply to Genesis by using either M4 or V4 UV maps. Package includes 50 iris textures, 6 sclera options, 16 eye surface/cornea reflections, and 1 lacrimal. The set includes optimized materials for use in both Poser and DAZ Studio 3/4. Each of the textures were designed to give incredible depth and detail in close up renders. The 40 matched eye textures feature slight variations from left to right eye for an added touch of realism. The 10 mixed textures feature two different eyes on one map for a fantasy feeling. Natural, alien or fantasy, the choice is yours.


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Allen Solly
Allen Solly Blue Solid Casual Shirt
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- Adorn this blue denim-style shirt from Solly Jeans Co by Allen Solly which is an absolute must-have this season. The patterned cotton fabric is cut for a comfort fit with a spread collar and full sleeves that give it a classic laid-back appeal. You can wear it with a pair of light-hued distressed jeans to pull off the denim-on-denim look easily.
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Beautiful blue enamel and white bead necklace and clip earring set by Marvella. Necklace is a double strand of white 10mm plastic beads 16" long with a baby blue enamel flower closure with faux seed pearl center. There are matching blue enamel clip earrings with a faux seed pearl center. Each earring is 1.75" across. In excellent vintage condition.
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Hefty Soak Proof 9" Foam PlatesPlates & Bowls
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Hefty Soak Proof 9" Foam Plates - Sturdy, disposable tableware for all your office needs. Ideal for everyday use.
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The Meaning of Lila by John Forgetta and L.A. Rose
- February 23, 2013
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Comments (6) (Please sign in to comment)
. . . well, there's always us ugly guys . . .
. . . which, come to think of it, might explain why so many ugly guys end up with all the cute chicks . . .
I gotta figure out what I'm doing wrong!
Ya gotta be an Ugly RICH guy!
Average looking guys are more likely to be faithful to their wives.
This is why I don' even try anymore!
Amen, brother. Women have a double-standard dark secret… but if you don't put your line in the water, you're not gonna catch any fish.
Actually, Lila, find a diamond in the rough, a fixer-up. Get his hair done, a new wardrobe, and wah-lah, a self-made hot guy.
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text: Went with friends (2 couples) for our "fancy" dinner of the holiday, and it didn't disappoint. I think primarily we chose to eat here because the Marco Polo television show is so boss, however the restaurant (which is Marco Polo - the historical figure - themed) was a great choice. It was nice and quiet, very cosy and romantic -... More


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Elkins Raceway to host Festival 40 on Saturday
KERENS – Elkins Raceway will host the 49th annual Festival 40 on Saturday.
The Jenkins Ford Super Late Models will battle for $3,000. The Budweiser FASTRAK Late Models, Fast 'N Friendly Pharmacy Modifieds, Miller's Used Cars Street Stocks and the Good Samaritan of Barbour County Mod Lites will each race for $1,000 to win based on 15 cars signing in per class. The Darren's Pizza Shack Mini Wedges also will be on the card.
Gates open at 5 p.m. with racing starting at 7 p.m. There also will be a fireworks display. The Festival race dates back to the opening of the track in 1952.
The first few years were ran with a four-day, four-race format. Then a two-day format was used. In many of the two-day shows, the first day was a regular show with the Festival race the second day.
In recent years the Festival race has been a one-day format.


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Home » Business Services » Everything Else » Home Based Admin Services Offered » Ad ID: 18516
Home Based Admin Services Offered
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Dec 01, 2016
Province: Gauteng
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14:37 Apr. 15, 2016
An aerial view of downtown Kyiv (Getty Images)
Annual U.S. State Department report paints grim picture of human rights situation in Ukraine
U.S. State Department released its 40th report on world human rights practices, pointing out to 'a global governance crisis'.
In his opening statement U.S. Secretary of State John Kerry cited the "accelerating trend by both state and non-state actors ... to stifle media and Internet freedom, to marginalize opposition voices, and in the most extreme cases, to kill people or drive them from their homes."
Among the biggest problems for the respect of human rights in Ukraine, the authors of the report listed corruption in the administration of justice, impunity when it goes about abuses committed by security forces.
Read also U.S. encourages Ukraine to continue fighting corruption
Other problems include harsh conditions in prisons; violence against women and children; discrimination and harassment of LGBT persons; and failure to enforce effectively labour laws and safety and health standards in the workplace.
The report outlines that the most significant human rights violations in Ukraine are observed in the eastern part of the country controlled by Russian-backed separatists and in Russian-occupied Crimea.
"Separatists, supported by Russian military and civil officials, continue to control parts of Donetsk and Luhansk regions by force of arms, as self-proclaimed "people's republics. Separatists are systematically engaged in abductions, torture, and unlawful detention…They also employ child soldiers and restrict humanitarian aid," the report says.
Government forces are criticized for imposing restrictions on freedom of movement in the areas close to the frontlines while the internally displaced persons (IDPs) face difficulties obtaining legal documents, education, pensions, and access to financial institutions and health care.
Read also About 1.5 million people face threat of hunger in Ukraine's Donbas region – UN
As for the Crimean peninsula, annexed from Ukraine in spring 2014, U.S. State Department says "Russian occupation authorities committed numerous human rights abuses, targeting ethnic and religious communities, particularly Crimean Tatars, as well as independent journalists and anyone perceived as opposing the Russian occupation regime."


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A man afraid of spiders spotted one in his Seattle laundry room. In order to get rid of it he grabbed a lighter and a can of spray paint. There is no report about the fate of the spider but the house caught fire causing about $60, 000 dollars worth of damage. That is a lot to get rid of one spider.
Fear does that in a lot of ways. We have an irrational fear that keeps us from effectively serving the Lord. "Fear not," God says, "I am with you." --Jim L. Wilson and Rodger Russell.
Isaiah 41:10 (NASB) 'Do not fear, for I am with you; Do not anxiously look about you, for I am your God. I will strengthen you, surely I will help you, Surely I will uphold you with My righteous right hand.'


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This bright and spacious ground floor apartment is located in the residence "Los Corales" in the north of the island, near the beautiful village of San Carlos. The modern apartment has been furnished with high quality materials and is very well maintained. The open living- , dining- and kitchen-area is bright, welcoming and offers direct access to the private outdoor area. Cala Llenya, one of the most beautiful sandy beaches of Ibiza is located within a few minutes' walk. A community pool and its own underground parking space complete this offer.
Availability upon agreement.
Engel & Völkers does not accept responsibility as the information provided in this brochure is for information only and it is subject to errors, omissions, change of price or withdrawal without notice. Taxes, notary and registry fees must be paid by purchaser, the commission to E&V paid by the seller as stipulated by Spanish regulations.


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Geomorphological Hazards of Europe, Volume 5
1st Edition
Table of Contents
The Geomorphological Hazards of Europe contains an excellent balance of authoritative statements on the range and causes of natural hazards in Europe. Written in a clear and unpretentious style, it removes myths and concentrates on the basic facts.
The book looks at the known distributions, processes and the underlying principles and focuses on the need for a true understanding of the scientific details so that a real contribution to hazard management can be made.
A comprehensive treatment of scientific and management issues of hazards in Europe caused by natural or sometimes human induced earth surface processes are covered including floods, landslides, avalanches, glacier-, coastal-, karstic-, and volcanic hazards, soil erosion and subsidence.
Leading researchers in the field of natural hazards and their mitigation have contributed to this nation by nation account covering 20 European countries. The individual chapters deal with the distribution of natural hazards within specific countries (quite often the first synthesis of the information available) and
• provide a review of current research in the field
• discuss the economic, engineering and policy responses in national hazard management
• are complemented by an extensive bibliography.
The volume is well illustrated with 207 figures of which 66 are photos and has an extensive general index and a complete index of place names. It is a major European contribution to the International Decade for Natural Disasters Reduction.
The book will appeal to practitioners, managers, academicians, researchers, as well as graduate students in geomorphlogy, natural hazards research and environmental management.
- No. of pages:
- 523
- Language:
- English
- Copyright:
- © Elsevier Science 1997
- Published:
- 7th April 1997
- Imprint:
- Elsevier Science
- eBook ISBN:
- 9780080532486
- Hardcover ISBN:
- 9780444888242
@qu:...fascinating and informative, providing insight both into the geographic distributions of geomorphological hazards, but also into what each country considers to be a hazard.
...would provide excellent material for graduate-level seminars on geomorphic hazards, and belong on the bookshelves of geomorphologists engaged in the study of hazardous processes. @source:Geomorphology @from:R.J. Allison @qu:...The book presents a useful synthesis of information which is on the whole well presented and interesting to delve into. @source:Earth Surface and Landforms
About the Editors
C. Embleton Editor
Affiliations and Expertise
King's College London, Department of Geography, London, UK
C. Embleton-Hamann Editor
Affiliations and Expertise
University of Vienna, Institute of Geography, Vienna, Austria


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What is ASD Unlocking Language and what can it accomplish? ASD Unlocking Language is a program designed to teach effective language and communication to children with autism spectrum disorders and other developmental conditions that affect language. Upon successful completion of the program, children are able to understand and talk about: past, present, and future events in their home life, such as eating, playing, bathing, and dressing past, present, and future events in the outside world, such as visits to the supermarket, a trip to the zoo, and activities at school simple stories and other early literacy skills Mastery of these skills enables children to become more active participants in the world around them. The program may be implemented by a parent, teacher, therapist, or other dedicated adult. Who is the program for? The program is for children who meet the following criteria: In language-the ability to say at least two words in sequence, either spontaneously or through imitation, such as "go home," "bye bye," "want cookie." While behaviors like these are fragmentary, they are significant indicators that the child has the perceptual and motor base required for spoken language. In behavior-the willingness to respond effectively to adult guidance. To benefit from language instruction, a child must be able to cooperate in the teaching process. If a foundation of cooperation is not yet present, it can be established through the behavioral program outlined in Spectacular Bond: Reaching the Child with Autism by Dr. Marion Blank, Dr. Suzanne Goh, and Susan Deland. It is advisable to postpone ASD Unlocking Language until the Spectacular Bond program has been completed. How is the program organized? ASD Unlocking Language is organized into short daily sessions lasting about 20 to 30 minutes each. Sessions take place once per day, four or five days per week. Skills taught in the lessons are also practiced outside the session in real-world settings. Depending on the child's skill and rate of progress, the full program takes from 6 to 18 months to complete. There are two components to the program: Pre-Language Skills and Language Skills.
About Marion BlankMarion Blank, Ph.D., is a developmental psychologist and internationally recognized pioneer in the field of language education for children with learning disabilities. She is a faculty member of the Department of Psychiatry at Columbia University and author of The Reading Remedy: Six Essential Skills That Will Turn Your Child Into A Reader. She has published over 60 articles and chapters, along with seven books on language. She is the designer of the award-winning online programs Reading Kingdom and ASD Reading and is the creator of the Preschool Learning Assessment Instrument, a leading language test for young children. Her most recent book is Spectacular Bond: Reaching the Child with Autism. Suzanne Goh, M.D., is a board-certified pediatric neurologist who has served as Co-Director of the Columbia University Developmental Neuropsychiatry Program for Autism and Related Disorders. She has been an Associate Research Scientist and Assistant Professor of Clinical Neurology in the Division of Child Psychiatry at Columbia University. A Rhodes Scholar, she graduated from Harvard University, University of Oxford, and Harvard Medical School. She has published research articles in many leading journals including Neurology, Annals of Neurology, Pediatric Neurology, and Developmental Medicine
Details Book
|Marion Blank
|Msb Press
|Data Published
|25 January 2014
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|448 pages
|Age +
|15 years
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Considering a WR450F
Posted August 27, 2009 - 07:20 AM
Currently riding a DR650 and WR250R; If I got the 450, it would replace my 250R which is a great dual sport (really good on the road as well).
A couple of questions on the WR450F.
It seems there are alot of jetting threads here in the forum. Can I expext to always be messing with the carb? Or are they pretty solid once you get it dialed in for your location? If I jetted for my area (800 ft above sea level), would I have to rejet if I went to Moab at 4500 ft?
Do most of you guys you own them race, or mainly use on the mx track?
For me I would mainly use as dirt bike, only highway would be to connect trails etc. My main use would probably be in others states where the riding is better, michigan, arkansas and out west (moab area).
I've been following all the threads in this forum for the last month or so and also have read most of the "stickies" etc.
Thanks for any input.
Posted August 27, 2009 - 07:32 AM
Posted August 27, 2009 - 09:41 AM
Oh! it goes to Moab...
Posted August 27, 2009 - 10:19 AM
Posted August 27, 2009 - 11:02 AM
Posted August 27, 2009 - 12:40 PM
Why do you want to replace the 250? I have an 07 450wr plated, I use it for what you want it for. I like it!!! I want a DL 650 to compliment it.
Oh! it goes to Moab...
There have been times when I found myself wanting more power and grunt; That's not to say that the WR250R is not an awesome "all way" type trail bike.
Common sense tells me to be happy with what I have:bonk:
I owned a DL650 in the past and agree that it would compliment a 250 or 450 quite well; One for the road and one for the dirt!!
Posted August 27, 2009 - 12:42 PM
You have a wr250r not wr250f right? One difference you might notice is the suspension. I have been told that the suspension on the wr250r is not as aggressive as the wr250f. I ride my wr450f mostly off road on forest service jeep trails, single track and in the desert and I love it!! It has a lot of low end grunt that pulls me up and through windy dense areas that my buddy on a YZ can not make because he has to go all out.
Yes that is correct I have the 250r...
Posted August 27, 2009 - 01:37 PM
Posted August 28, 2009 - 06:32 AM
I think the wr450f would be an awesome replacement for your wr250r, it would actually smoke it in every kind of riding, dirt, street, whatever. The wr450f does it better. If you have the ability to plate a wr450f in your state, then by all means sell that wr250r and the the 450, you won't regret it. The jetting should be a "set it and forget it" kind of deal. I ride mine from 500ft to 6500ft in 35* to 100* temps and never have to mess with the jetting. Obviously it will run less than "optimally" in some cases, but it seems fine to me. I've never had to mess with the jetting after the initial setup. The wr450f will handle dual-sporting for connecting trails perfectly, can't think of any issues with that. In my opinion, it's more of a dual-sport bike than the wr250r will ever be, and a REAL dirt bike as well. Can't go wrong with it, specially if you can plate it. Don't worry about the "grunt", it has PLENTY, specially once you do some light modding to it. Just the free mods alone and an exhaust will transform the bike.
thanks for the detailed reply; Just curious though? How much seat time do you have on the wr250r in order to make the road comparision?
Posted August 28, 2009 - 08:17 AM
thanks for the detailed reply; Just curious though? How much seat time do you have on the wr250r in order to make the road comparision?
No actual "seat time", but have seen plenty of feedback here on the forums from people that do have said "time". I have however, sat on the bike at the showroom and felt how heavy it is. Obviously not enough to call judgement, but I do have seat time on other heavy and underpowered 250cc bikes to give me an idea of what to expect. As far as "seat time" on the wr450f, well, let's just say that I've got more seat time on it than I need to know how great of a bike it is. I know I'll get flamed and eaten alive for saying it, but nobody needs seat time on a toyota corolla to know that it has nothing against a corvette.
Posted August 28, 2009 - 10:21 AM
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text:
Salvation Army Uses #TheDress to Stop Domestic Violence
We all had a good laugh while debating the color of #thedress, but the Salvation Army has found a way to use the controversy to make an important point.
We all had a good laugh while debating the color of #thedress, but the Salvation Army has found a way to use the controversy to make an important point.
Not since David After Dentist has something so captivated the internet.
Beyonce may not be so "Flawless" after all. On Wednesday (Feb. 18), a slew of Queen Bey's photos -- 224 to be exact -- that were never retouched leaked online and were showcased on the site the Beyonce World, which sent her loyal fan base, otherwise known as the BeyHive, into a tizzy.
There's no question that Drake's mixtape, 'If You're Reading This It's Too Late,' is one of the hottest releases of the past week. Apparently, one fan loved the project so much that he decided to get a tattoo of the typographic cover art on his neck. Yep, you read that correctly.
With winter pounding frigid temperatures down on most of the country, it may seem like the sun will never beam down and warm us up again, but this is a good reminder that it most certainly will.
When she's not attacking Iggy Azalea on Twitter and making some very good points about hip-hop and race, Azealia Banks is also posing nude. The Harlem native will be the cover girl for Playboy magazine's upcoming April music issue.
From Nicki Minaj to Rihanna to Beyonce, take a look at the 2015 Grammy Awards Red Carpet.
Whether it's been over a decade since they released their first album or just a few years ago, these ladies and gentlemen have made quite the transformation. Check out What Rappers and Singers Looked Like When They Released Their First Albums.
Here's a heartbreaking twist on a love triangle.
Kim Kardashian poses in her birthday suit for a spread in LOVE Magazine and let's just say the woman who once swore off posing nude is looking pretty comfy showing off her toned body.
This is a hair-raising punishment.
After much speculation, Justin Timberlake has officially announce that he's going to be a dad. The singer went on Instagram today (Jan. 31) to celebrate his 34th birthday and to share wifey Jessica Biel's baby bump.


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Enclosed Porch Flooring OptionsKristi from Missouri writes:
I live in the mid-western United States. We have hot summers and cold winters.
I have an enclosed porch off the back of the house that I want to replace the flooring. We have removed an old outdoor carpet to reveal wood floor boards. The porch sits about three feet from the ground. It is not temperature controlled, it is enclosed, and serves primarily as a mudroom.
What flooring options would work best? Would a vinyl tile hold up to temperature changes?
Interlocking Deck Tiles
As long as your wood boards are in good repair, meaning they are not rotted, have dry rot, or other issues, you probably would have no issue applying a new flooring on top of it.
However, depending on the age and condition, you may want to replace it, especially if you are laying a new tile floor.
At the least, if laying tile or other stone of some type, I'd put a new under lament of exterior plywood on top of it.
As an added precaution, I would also lay plastic over the ground underneath the existing structure to help retard moisture.
You may want to investigate interlocking deck tile options for your new floor. They come in a variety of colors, styles, and patterns, etc., and can be applied over almost any existing flooring.
Elevated Porch Flooring OptionsEven if your porch is elevated, you can still use other materials like stone or brick.
Consider using a wood to stone deck conversion system like Silca Systems. Learn more.
Having made those suggestions, I would also encourage you to contact a reputable contractor in your area to look at your specific situation. Most will do so at no cost and they will be able to see things that I cannot which could substantially change what needs to be done.
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text:
1 BEDROOM (Conv2) Apartment in Beekman (Uptown, NYC)
- Rent:
- $
- 5,200
- 461984
sent successfully
- Bedroom(s):
- 1 (Conv2)
- Bathroom(s):
- 2
- Kitchen:
- Unknown type
- Square Fotage:
- 920
- Building Type:
- High Rise
- Market Status:
- Rented 08/15/2011
- Listed:
- 08/15/2011 By LH
- Updated:
- 08/15/2011
- Available:
- 06/27/2011
- Terms:
- Minimum 12 Month(s)
- Concession:
- Not offered
- Unfurnished
- Elevator
- Doorman
- Full Service
- Health Club
- Pool
- Pets OK
- Guarantors OK
- Corporate lease OK
Property use:
Current Price:
$5,200 - 04-20-10
Property type:
1 BR (Conv2)
Dining room
Bthrm features:
Unknown Type
Outdoor space:
Ceiling Height:
Not Provided
Special features:
Type:High Rise
Style:Post War
Service level:Full Service
Ownership type:Rental
Amenities:Doorman Health Club Valet Service Concierge
Features:Central A/C Fitness Center Laundry Room Pool Private Storage
Units:1 Bedroom ( 1 Available )2 Bedroom3 Bedroom
- Building
- One of the busiest shopping areas in the city. Major stores such as bloomingdale's, borders books, tiffany's, Fao Schwarz and many more little shops or boutiques are one or two blocks away. 57th cross town street, most convenient public transportation! 32 story high rise building is attended 24hrs. Has free health club and pool, storage and laundry rooms. Sunny bright apartments with terraces and large windows feature high ceilings and beautiful fireplaces. Apartment finishes include: marble entrance foyers, marble bathrooms, bathrooms with jacuzzi, granite counter-topped kitchens with euro style cabinetry, high smooth ceilings with crown moldings. Custom designed outfitted closets and many other fine details.
- Apartment
- Elegant apartment with city views. Gracious marble dining gallery. Spacious & bright living room. Sumptuous master suite. Large separate library/ dining room or second bedroom with its own marble bath. Two marble baths with jacuzzi and frame less glass enclosed shower. High smooth ceilings with crown moldings. Custom designed & outfitted closets, and many other fine details.
- No Shares allowed
- No Walls allowed
- Pets case by case
- Minimum 24 month(s) Lease accepted
- 40 times the monthly rent Income required
- Guarantors accepted
- Only New York state guarantors
- Corporate leases accepted
- No Diplomats accepted
- On site application is accepted
|Credit check:
|Landlord's own
|Applicant PW:
Picture ID
1 bank statement(s)
Landlord references
Landlord prepares leases
- Go Back
All the information provided herein was gathered from property owners and/or agents deemed reliable. No guarantee or warranty can be given as to the accuracy of the information. This information is also subject to errors, omissions or changes without notice. All dimensions and measurements are approximate.
- By owner apartment rentals over $5000 in Manhattan
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Our system is the most dedicated to helping you to rent New York City apartments. Hunting for apartments in New York for rent can be tough,if you're doing it all by yourself. Let NYCDwellers.com guide you. We are the best resource to rent apartments in Manhattan because we offer what others don't. We make shopping for apartments for rent in New York City easy! Browse our website to perfectly familiarize yourself with NYC apartments for rent. If you are going to rent in New York, you can't miss our ultimate apartment guide. We will show you how to easily find NYC rentals with brokers assistance or without it. Current NYC Dwellers setup provides the easiest way to rent apartments in New York. Our outstanding database of Manhattan apartment rentals is most complete and most frequently updated. We offer what apartment hunters want more than anything: an unparalleled variety of New York City rental apartments.
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text:
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text:
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filed: July 27, 1984.
COMMONWEALTH OF PENNSYLVANIAv.CHRISTOPHER M. NOLEN, APPELLANT
No. 411 Harrisburg 1982, Appeal from the Judgment of Sentence November 10, 1982 in the Court of Common Pleas, Dauphin County, Criminal, No. 87, 87A C.D. 1982.
George Shultz, Assistant Public Defender, Harrisburg, for appellant.
Katherene E. Holtzinger, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Wickersham, Olszewski and Hoffman, JJ. Hoffman, J., filed a concurring statement.
[ 330 Pa. Super. Page 368]
Appellant challenges his convictions for murder in the second degree, criminal conspiracy and robbery.
The convictions follow a shooting during an attempted robbery of Ritchie's Bar and Tavern, Middletown, Pennsylvania. The incident left Carroll Ritchie, the 75 year old proprietor, dead.
[ 330 Pa. Super. Page 369]
The facts developed at trial show that on November 21, 1981, about 7 p.m., two armed men entered Ritchie's Bar. They demanded money from Mr. Ritchie who was then working behind the bar. He refused and, approaching the two robbers, ordered them out of his establishment. Two shots flashed, then a third. Mr. Ritchie fell to the ground; the two robbers left.
The police recovered three spent bullets. One .38 caliber bullet had struck and killed Mr. Ritchie. Two others, a .32 caliber bullet and another .38 caliber bullet, had missed Mr. Ritchie. They were found in the area behind the bar.
On information supplied by David Crater, appellant and Evans (appeal docketed to No. 402 Harrisburg 1982) were arrested and charged with the crime.
Crater, who had driven the getaway car, testified that he had met with appellant and Evans early that evening. The three boys then had joined in the plan to commit a robbery that evening.
When they arrived at Ritchie's, Crater "cased" the bar and reported what he had seen to the other two. Nolen and Evans disguised their faces with clothing and entered the bar. A few moments later, Crater heard two shots and then a third. Nolen and Evans ran back to the car. Crater quoted Nolen as saying that the man [Ritchie] had tried to be "like superman" and that he [Nolen] "just shot the old mother fucker."
Nolen and Evans entered pleas of "not guilty." Following trial, the jury returned verdicts of guilty, murder in the second degree. Timely post-verdict motions were filed and denied. Judge Morrison sentenced appellants November 10, 1982.
Appellant assigns as error the following. The trial court denied appellant his right to cross-examine Crater about other charges then pending against him in Dauphin County. In particular, the trial court refused to allow questions about Crater's hope of leniency on those charges in exchange for his testimony in the case at bar.
[ 330 Pa. Super. Page 370]
The trial court admitted into evidence, over counsel's objections, evidence about burglaries at the home of Warren Brubaker and that of Earl Herring.
We have examined the record and explored the relevant case law. Because we conclude that appellant's contentions lack merit, we reject his claims and affirm the judgment below.
Scope of Cross-Examination of David Crater
The trial court limited appellant's cross-examination of the state's key witness, David Crater, then under indictment for other unrelated crimes, to questions about that witness' role in the Ritchie incident.
Crater's testimony gave the prosecution its case against Evans and Nolen. Crater alone could place the boys at Ritchie's Bar that night. The patrons present during the robbery failed to identify either Nolen or Evans, and could not even state with certainty the robbers' race or sex. Appellants presented an alibi defense. Evans took the stand and denied any connection with the Ritchie incident. Without Crater's testimony, the prosecution had little evidence to link the boys to the crime. Thus, the Commonwealth's case rose and fell on Crater's testimony.
At the time Crater testified against the boys, he faced not only charges in the Ritchie case but also some 10 to 15 additional felony charges for burglary and conspiracy. Those charges had been filed in Dauphin County. All fell within the jurisdiction of the Dauphin County District Attorney's Office. All lay undisposed when Crater took the stand.
The trial court refused to allow appellant to question Crater about these other crimes. Finding that the prosecution had promised Crater nothing for his testimony, the court stated:
The defense would ask this Court to expand the exception to the general rule even further by allowing the jury to engage in idle speculation as to whether or not Crater
[ 330 Pa. Super. Page 371]
might have an expectation of leniency in exchange for testimony. Lower court opinion at 8 (emphasis added).
The court declined to take that step.
The "general rule" bars admission of a witness' unconvicted bad acts. Stout v. Rassel, 2 Yeates 334 (Pa. 1798); Commonwealth v. Jackson, 475 Pa. 604, 381 A.2d 438 (1977). The rule no more than restates the fundamental principle that a person is innocent until proven guilty. An arrest or indictment does not establish guilt. As Wigmore explains, "the fact of arrest or indictment is quite consistent with innocence . . . ." 3A J. Wigmore, Evidence § 980a (Chadborn rev. 1970). Danger inheres that the fact-finder might mistake the allegations for acts, and confuse the acts with the man. Impeachment by unconvicted bad acts "carries the injustice of subjecting the witness to suspicion without giving him an opportunity to clear it away." Id.
Nevertheless, proof of a witness' unconvicted bad acts may come in to establish the witness' interest in the immediate matter. Commonwealth v. Ross, 434 Pa. 167, 170, 252 A.2d 661, 663 (1969); Commonwealth v. Coades, 454 Pa. 448, 311 A.2d 896 (1973). "[T]he jury should be allowed to evaluate whether the witness testified for the prosecution to gain favorable treatment in his own case." 454 Pa. at 452, 311 A.2d at 898.
A court will condition admission on two requirements: the existence of an indictment against the witness and evidence that the prosecutor could promise leniency. Commonwealth v. Joines, 264 Pa. Super. 281, 399 A.2d 776 (1979). The court below concluded that appellant's proffered cross-examination of Crater failed "to stand muster" on that second requirement. Lower court opinion at 8.
The first requirement, existence of an indictment, serves to fix the witness' interest in the matter. See Commonwealth v. Ross, 434 Pa. 167, 252 A.2d 661 (1969). The second, proof that the prosecutor could offer leniency, tests the basis of a witness' expectations. A simple illustration is the case of a Commonwealth witness facing indictments in
[ 330 Pa. Super. Page 372]
federal court. Admission of these federal indictments is disallowed for the purposes of impeachment in the state prosecution. Because the federal courts operate independently of their state counterparts, the state prosecutor lacks power to ensure leniency in the federal system. See Commonwealth v. Mulroy, 154 Pa. Super. 410, 36 A.2d 337 (1943).
The trial court reads a further stricture into this second requirement by demanding proof of a deal struck or favor won. Finding none, the lower court ruled that evidence of unconvicted bad acts could not come in against the witness Crater.
The lower court relied on a line of Pennsylvania cases: Commonwealth v. Joines, 264 Pa. Super. 281, 399 A.2d 776 (1979); Commonwealth v. Coades, 454 Pa. 448, 311 A.2d 896 (1973); Commonwealth v. Ross, 434 Pa. 167, 252 A.2d 661 (1969). On their facts, these cases support the lower court's reading. In Joines, for instance, the Commonwealth's key witness had pleaded guilty to fraud in an unrelated matter. During the pendency of the Joines trial, that witness was permitted to withdraw his guilty plea in order to participate in an ARD program. Similarly, in Coades, the defendant faced indictments for burglary, robbery and larceny and conspiracy. In exchange for testimony, his co-defendant was allowed to plead guilty only to conspiracy, a misdemeanor. His remaining felony indictments were nol prossed.*fn1
Appellant contends that "A criminal defendant has the right to cross-examine the Commonwealth's star witness as to other pending indictments in order to prove that his
[ 330 Pa. Super. Page 373]
current testimony is colored by his expectation of leniency by the Commonwealth." Appellant's Brief at 16.
He draws support from broad language in the cases: Commonwealth v. Coades, 454 Pa. at 452, 311 A.2d at 898 ("[W]e permit a jury to infer that a co-indictee's testimony is biased because he may receive favorable treatment . . . ."); Commonwealth v. Joines, 264 Pa. Super. at 285, 399 A.2d at 779 ("[N]ot only was the prosecutor able to promise [the witness] leniency, he provided him with leniency."); see Lenahan v. Pittston Coal Min. Co., 221 Pa. 626, 629, 70 A. 884, 885 (1908) ("It is always the right of a party against whom a witness is called to show by cross-examination that he has an interest direct or collateral in the result of the trial . . . .").
Appellant asks us to apply that language to the facts of this case.
We agree with Wigmore that "the pendency of any indictment against a witness indicates indirectly a . . . possibility of his currying favor by testifying for the state." 3A J. Wigmore, Evidence § 967 (Chadbourn rev. 1970) (emphasis in original). However our research has failed to uncover a single case in which a Pennsylvania court has allowed cross-examination about a witness' unconvicted bad acts -- merely to establish that witness might hope for leniency.*fn2
Absent some showing of a bargain struck or favor won,*fn3 the trial judge did not err in limiting the scope of cross-examination
[ 330 Pa. Super. Page 374]
to questions about Crater's role in the instant case.
Although we ground our decision in state evidentiary law, we recognize the constitutional dimensions of the problem. In Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), the Supreme Court held that the Sixth and Fourteenth Amendments confer the right to cross-examine a prosecution witness about his vulnerable status as a probationer.
Chief Justice Burger wrote for the majority:
We cannot speculate as to whether the jury, as sole judge of the credibility of a witness, would have accepted this line of reasoning had counsel been permitted to fully present it. But we do conclude that the jurors were entitled to have the benefit of the defense theory before them so that they could make an informed judgment as to the weight to place on [witness'] testimony which provided a crucial link in the proof of petitioner's act. The accuracy and truthfulness of [witness'] testimony were key elements in the state's case against petitioner. The claim of bias was admissible to afford a basis for an inference of undue pressure because of [witness'] vulnerable status as a probationer . . . . 415 U.S. at 318-319, 94 S.Ct. at 1111 (citations omitted).
However, Davis does not mandate wide-open cross-examination in every case. See id. at 321, 94 S.Ct. at 1112 (Stewart, J., concurring).
Appellant has a right to a fair trial, not a perfect one. We are satisfied that, if an error were made by the court
[ 330 Pa. Super. Page 375]
below, that error was harmless beyond a reasonable doubt. Commonwealth v. Story, 476 Pa. 391, 409, 383 A.2d 155, 163 (1978).
Appellant had one reason for attempting to cross-examine Crater about the other burglaries. He wished to alert the jury to Crater's possible motives for testifying.
Reviewing the record, we find ample warnings to the jury to weigh Crater's testimony carefully. The jury heard the role Crater played in the Ritchie incident. They knew he had participated in both the Herring and Brubaker burglaries. Most importantly, the court warned the jury that Crater's testimony should be viewed with caution:
First, Crater's testimony should be looked upon with disfavor as coming from a corrupt and polluted source. Experience has indicated that a person who is involved in the commission of a crime may falsely blame others because of some corrupt or wicked motive. On the other hand, the law recognizes that sometimes such a person may tell the truth about he and others committed a particular offense together so that the jury is cautioned that they should regard Crater's testimony as coming from a polluted source. He has indicated his involvement in this case as an accomplice and there may be some question about what he thinks he may be charged with, but that is not the issue in this case. The fact is that he is an accomplice and at his trial we will decide what to do about him, but now it is sufficient to say that he is involved in these matters and you should regard his testimony as coming from a polluted source, and you should weigh it carefully, what he says to you in regard to what happened and after weighing his testimony you should accept it if you find it truthful only after employing caution and care. N.T. 606.
Compare Commonwealth v. Coades, 454 Pa. at 453-454, 311 A.2d at 898 (the trial judge erred in refusing to charge the jury that prosecution's key witness was the accused's accomplice).
[ 330 Pa. Super. Page 376]
admissible if it tends to show the identity of the perpetrator of the crime charged in the trial." Commonwealth v. Evans, 488 Pa. 38, 44, 410 A.2d 1213, 1216 (1980). The fact that the testimony implicated Nolen but not Evans does not bar its admission. See United States v. Snead, 447 F.Supp. 1321 (E.D.Pa.), affirmed 577 F.2d 730 (3rd Cir.), cert. denied 436 U.S. 930, 98 S.Ct. 2829, 56 L.Ed.2d 775 and 439 U.S. 851, 99 S.Ct. 156, 58 L.Ed.2d 154 (1978) (testimony clearly relevant and probative with respect to one defendant was properly admitted over co-defendant's claim of prejudice).
The testimony about the Herring burglary, though less probative, was nonetheless admissible here. "[T]his testimony was clearly relevant as showing part of a chain, or sequence of facts, or part of the history of the event on trial . . . ." Commonwealth v. Brown, 462 Pa. 578, 342 A.2d 84 (1975); see Commonwealth v. Detrie, 263 Pa. Super. 75, 397 A.2d 2 (1979).
Appellant's claims of prejudice are met by curative instructions given at co-counsel's request. See N.T. 623-625. The attack goes to the weight of the evidence not its admissibility. Commonwealth v. Williams, 454 Pa. 261, 311 A.2d 920 (1973).
We find no reversible error. The judgment below is hereby AFFIRMED.
HOFFMAN, Judge, concurring:
I agree with the majority's conclusion here that if there is no indication that a witness has been promised leniency by the Commonwealth, the witness may not be questioned in cross-examination about other indictments. I believe, however, that state decisional law is dispositive of this issue and that reliance, however slight, on Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974), and on the harmless error doctrine in Commonwealth v. Story, 476 Pa. 391, 383 A.2d 155 (1978), is unnecessary.
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DUBAI: Opener Ahmed Shehzad struck a sparkling fifty as Quetta Gladiators beat Karachi Kings by eight wickets in the fourth match of Pakistan Super League (PSL) at Dubai Cricket Stadium in UAE on Saturday.
Syed Ammar Alavi - is Lahore (Pakistan) based journalist & writer with 25-year experience in print, wire and broadcast forms of journalism. His major fields of interest are politics, film,tv,sports, climate change and technology


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For the past week or so, since it has been so incredibly hot, I have noticed people seem to be more stressed than usual. I know I have. Not being able to enjoy fishing for several days is enough to stress out anyone. People who are not normally grouchy are just a bit more testy than usual. People who are normally unpleasant and grouchy are meaner than a biting sow. This made me wonder about the wildlife.
ALBERT LEA -- The Little Crow Ski Team took first place at the 2006 Midwest Regional Show Ski Tournament July 29-30 at Albert Lea. The title is Little Crow's 13th in 14 years. Waterloo, Iowa, placed second and Sioux Falls, S.D., was third. The ski team also took home the trophy for the Highest Scoring Act. Individually, Anne Bruckner took first in the swivel competition and the Jump Team of Logan Asche, Nick Dahlen, Cole Lundberg, Ryan Marcus, Jared Swenson, Trent Fader, Ryan Fader, Luke Hartog and Justin Zylstra won a region title.
WILLMAR -- There were no repeat winners Thursday at KRA Speedway. After winning both the Midwest Modified and Wissota Modified features last week, Shane Sabraski of Rice placed third in the Wissota race behind Ryan Canon of Clearwater and Terry Hanson of Elk River and fourth in the Midwest final behind Zach Schultz of Grove City, Brock Gronwold of Fergus Falls and Danny Bayer of Elrosa. Besides Canon and Schultz, Josh Fredeen of Spicer in Hobby Stock, Matt Halls of Big Lake in Mod Fours, Cory Rosen of Milaca in Street Stock and Dave Mass of Isanti in Super Stock also captured checkered flags
Saturday Legion Baseball DIVISION II STATE TOURNAMENT At Willmar Quarterfinals At Baker Field 1. Windom vs. District 8 winner, 10 a.m. 3. La Crescent vs. Dilworth, 12:30 p.m. At Swansson Field 2. Montevideo vs. Royalton, 10:15 a.m. 4. Jordan vs. Fairfax, 12:45 p.m. Semifinals 5. Winner-1 vs. Winner-2, 6:30 p.m. at Baker 6. Winner-3 vs. Winner-4, 6:30 p.m. at Swansson Consolation Semifinals 7. Loser-1 vs. Loser-2, 4 p.m. at Baker 8. Loser-3 vs. Loser-4, 4 p.m. at Swansson Amateur Baseball REGION 9C PLAYOFFS At Raymond 1. Raymond vs.
The Willmar VFW baseball team defeated Sauk Rapids 11-7 in the consolation bracket Friday before being ousted from the state tournament in Minneapolis with a 2-1 loss to Shoreview. Willmar lost to Rochester Century 4-1 in the first round Thursday, then beat Minneapolis Southwest 11-3 in the consolation bracket. Willmar finished the season 23-2. The Tribune did not receive a report on the games by press time.
The Rice Tennis Classic, which began on Friday in Willmar, will continue today with men's and women's singles and mixed doubles and conclude on Sunday with all other doubles.
Events/competitions Youth Ringnecks Camp -- Saturday, Aug. 12, 8:45 a.m.-3 p.m. Pheasants Forever will host its annual Youth Ringnecks Camp at Prairie Woods Environmental Learning Center by Lake Florida. Youth ages 7-16 are eligible to attend. Activities include a ropes course, pellet gun and sporting clays shooting, and environmental games and activities. Lunch and snacks will be provided. There will be a bus picking up campers at Willmar Junior High School. It will leave at 8:15 a.m. and return at 3:30 p.m. There is no cost to attend the camp.
MINNEAPOLIS -- The Rochester Century Stars knocked Willmar into the loser's bracket 4-1 in nine innings Thursday at the State VFW Baseball Tournament. Catcher Erik Ordahl's three-run homer in the bottom of the ninth inning ended a 1-1 deadlock and Post 1639's unbeaten season after 22 straight victories. Willmar had to rebound against Minneapolis Southwest 11-3 late in the evening at Parade Stadium, where the game was moved due to no lights at Patrick Henry High School. Roch.
VFW Baseball STATE TOURNAMENT Willmar vs. Sauk Rapids at Cassidy Field, noon
Legion Baseball State Division I Tournament Coon Rapids 10, Willmar 8 Bemidji 12, Willmar 6 VFW Baseball State Tournament Rochester Century 4, Willmar 1 Willmar 11, Southwest Minneapolis 3


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|Reviews for The Summoner and The Guardian
| Peaceful Dragon Rose chapter 1 . 9/29/2008
good story
| elfspirit7 chapter 1 . 9/16/2008
Cool thanks for the read XD!
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1965 Targa Florio - Mountain Legend
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