Said defendants, on or about March 10, 1998, in Queens County and elsewhere, with
intent to defraud, including the intent to commit another crime and aid and conceal the
commission thereof, omitted to make a true entry in the business records of an enterprise in
violation of a duty to do so which they knew to be imposed upon them by law and by the nature
of their position, to wit a BAC Local Union No. 1, NY Shop Steward’s Time Report for work
performed by Commercial Brick Inc. at 354 Broadway for the week ending March 10, 1998.

Pattern Act 82

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick
Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE,
in violation of Penal Law Section 175.10, as follows:

Said defendants, on or about March 17, 1998, in Queens County and elsewhere, with
intent to defraud, including the intent to commit another crime and aid and conceal the
commission thereof, omitted to make a true entry in the business records of an enterprise in
violation of a duty to do so which they knew to be imposed upon them by law and by the nature
of their position, to wit a BAC Local Union No. 1, NY Shop Steward’s Time Report for work
performed by Commercial Brick Inc. at 354 Broadway for the week ending March 17, 1998.

Pattern Act 83

The defendants Anthony Frantellizzi, Dominick Frantellizzi, and Commercial Brick
Inc., committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE,
in violation of Penal Law Section 175.10, as follows:

Said defendants, on or about March 24, 1998, in Queens County and elsewhere, with
intent to defraud, including the intent to commit another crime and aid and conceal the
commission thereof, omitted to make a true entry in the business records of an enterprise in
violation of a duty to do so which they knew to be imposed upon them by law and by the nature

47