In People v. Newspaper & Mail Deliverers' Union (250 A.D.2d 207 [1998]) the Appellate Division, First Department, rejected an attempt to apply the holding in Martin to a labor union which was charged under section 460.20 of the Penal Law with enterprise corruption, predicated on unlawful acts allegedly committed by its officers, members and agents, including organized crime associates, in connection with newspaper distribution and various racketeering activities. Under the facts before it, the Court expressly disavowed Martin's application, emphasized that Martin involved tort liability rather than criminal liability and, stating that its literal application would frustrate the Legislature's intent behind its enactment of section 460 of the Penal Law, reversed the dismissal of the indictment based upon an erroneous application thereof (id. at 214). Thus, Newspaper & Mail Deliverers' Union, which involved the imposition of criminal charges, does not cast doubt upon Martin's continued viability.