commission thereof, made and caused to be made a false entry in the business records of an
enterprise, to wit a Mason Tenders’ District Council Trust Funds Employer’s Remittance
Agreement and Report for a contractor known to the grand jury as John Doe 6 for the period
July 6, 1998 to August 2, 1998.

North Berry

Pattern Act 135

The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 September 19, 1997, 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 Cement and Concrete Workers District Council Fringe Benefit Funds
Employer’s Remittance Agreement and Report for North Berry Corp. for the week ending July

29, 1997.

Pattern Act 136

The defendants Joseph Martinelli, North Berry Corp. and Joseph Datello, 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 October 10, 1997, 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 Cement and Concrete Workers District Council Fringe Benefit Funds
Employer’s Remittance Agreement and Report for North Berry Corp. for the week ending
August 19, 1997.

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