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tion. Mr. Katerelos was the only person who activated the Z or
reset mode on the cash register during the years at issue.8
Activation of the Z mode (1) caused the cash register to
print on a cash register tape9 a summary of all the transactions
that occurred since the last activation of the Z mode and
(2) reset all amounts to zero other than the grand total as of
the time of the Z reading and the transaction number as of the
time of the Z reading, both of which were not resettable. The
data printed on the cash register tape upon activation of the Z
mode (known and hereinafter referred to as a Z reading) included,
inter alia, the letter "Z", the date of the Z reading, the total
of all transaction totals since the last Z reading (total sales),
the nonresettable grand total as of the time of the Z reading,
and the nonresettable transaction number as of the time of the Z
reading.10
Throughout the period January 1, 1987, through May 29, 1990,
8 That information could also have been accessed by activating
the X or read mode on the cash register.
9 The cash register tape is one of two printed tapes that the
cash register produced. The other tape is designed to provide
receipts to customers and is not relevant herein.
10 Activation of the X or read mode printed a reading on the
cash register tape similar to the Z reading; however, unlike the
Z or reset mode that reset certain amounts to zero when it was
activated, activation of the X mode did not reset any amounts.
For certain days throughout the years at issue, Mr. Katerelos
activated the X mode on the cash register at approximately 5 p.m.
in order to subtotal and display on the cash register tape for
each such day the amount of gross receipts through breakfast and
lunch.
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