SECTION 175.05
Falsifying business records in the second degree
Penal (PEN) CHAPTER 40, PART 3, TITLE K, ARTICLE 175
§ 175.05 Falsifying business records in the second degree.
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A
misdemeanor.
https://www.nysenate.gov/legislation/laws/PEN/175.05
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
https://codes.findlaw.com/ny/penal-law/pen-sect-175-10
The term “intent to defraud” is important.
Defraud means according to my Random House Dictionary “to deprive of a right or property by fraud”. The “de” of “defraud” matters.
Know what else is a Class E Felony? Leaking information from a grand jury proceeding. If Bragg isn’t charged for his crime, it’s more proof that certain ppl ARE above the law.