Bragg makes a time barred misdemeanor (175.05) into a felony (175.10) by claiming that there was concealment of another time barred unconstitutionally vague misdemeanor (17.152) that requires another unconstitutionally vague undefined action.
§ 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.
NY § 17-152 Conspiracy to promote or prevent election
Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.
NY § 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits NY § 175.05 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.
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