DRAFT — Proposed counts in indictment form (New York)

DRAFT. NOT FILED. No indictment number exists. An indictment is voted by a grand jury on the District Attorney's presentation; this draft is counsel's proposal to the Bronx County District Attorney, Domestic Violence Bureau.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX

THE PEOPLE OF THE STATE OF NEW YORK against FRANK PATRICK D'ANTONIO, Defendant.

Indictment No. [none — draft]

THE GRAND JURY OF THE COUNTY OF BRONX, by this indictment, accuses the defendant of the following crimes:

COUNT ONE — Aggravated Harassment in the Second Degree (Penal Law § 240.30(2)), a class A misdemeanor. The defendant, on or about [date of Exhibit A], in the County of the Bronx, the communication having been received there and being deemed made there (CPL § 20.60(1)), with intent to harass or threaten another person, to wit Marlene Rodriguez, made a telephone call to her telephone number (646) 363-4295, whether or not a conversation ensued, with no purpose of legitimate communication, and left the voice message set out in Exhibit A, including the words "now you gotta go to jail because you broke the no contact order."

COUNT TWO — Aggravated Harassment in the Second Degree (Penal Law § 240.30(2)), a class A misdemeanor. The defendant, on or about [date of Exhibit B], in the County of the Bronx, with intent to harass or threaten Marlene Rodriguez, made a telephone call to her telephone, whether or not a conversation ensued, with no purpose of legitimate communication, and left the voice message set out in Exhibit B.

COUNTS THREE THROUGH [N] — Aggravated Harassment in the Second Degree (Penal Law § 240.30(2)). [One count for each further call, voicemail, SMS or WhatsApp message established by Exhibits D and E, each pleaded with its date.]

COUNT [N+1] — Stalking in the Fourth Degree (Penal Law § 120.45(1)), a class B misdemeanor. The defendant, from on or about [first date, May 2026] to on or about [last date, July 2026], in the County of the Bronx, intentionally and for no legitimate purpose engaged in a course of conduct directed at Marlene Rodriguez, consisting of repeated telephone calls, voice messages, text messages and WhatsApp messages of a sexual and threatening character, and knew or reasonably should have known that such conduct was likely to cause reasonable fear of material harm to her physical health, safety or property.

COUNT [N+2] — Stalking in the Fourth Degree (Penal Law § 120.45(2)), a class B misdemeanor. [Plead if Exhibit E shows she told him to stop, or he was otherwise clearly informed to cease.] The defendant, during the same period, intentionally and for no legitimate purpose engaged in a course of conduct consisting of telephoning and initiating communication with Marlene Rodriguez after having been clearly informed to cease that conduct, which caused material harm to her mental or emotional health.

COUNT [N+3] — Harassment in the Second Degree (Penal Law § 240.26(3)), a violation. The defendant, during the same period, with intent to harass, annoy or alarm Marlene Rodriguez, engaged in a course of conduct which alarmed and seriously annoyed her and served no legitimate purpose.

[Reserved: Criminal Contempt in the First Degree (Penal Law § 215.51(b)(iv)), to be pleaded only for contact occurring after an order of protection is issued in Ms. Rodriguez's favor.]

Foreperson of the Grand Jury

District Attorney, Bronx County

Draft prepared 10 October 2026 for counsel's review.