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 24, 1998.

Pattern Act 84

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 31, 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 31, 1998.

Pattern Act 85

The defendants Anthony Frantellizzi, Dominick Frantellizzi, Thomas Zmich 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 April 7, 1998, in Queens County and elsewhere, with intent
to defraud, including the intent to commit another crime and aid and conceal the commission
thereof, made and caused to be made a false entry in the business records of an enterprise, 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 April 7, 1998.

Pattern Act 86

The defendants Anthony Pezzullo, Arthur Zambardi, Andrew Reynolds, Joseph
Tangorra, Philip DeSimone, Steven L. Crea, Joseph Datello, Anthony Frantellizzi, Dominick

48