In People v. First Meridian Planning Corporation, 86 NY2d 608, 658 N.E.2d 1017, 635 N.Y.S.2d 144 (1995), the Court analyzed whether a Scheme to Defraud in the First Degree under Penal Law 190.65 (1) (a), the same crime alleged in Count 2, properly alleged fraud involving coin portfolios, art portfolios and condominiums in a single count. The Court found that "where . . a crime by its nature as defined in the Penal Law may be committed either by one act or by multiple acts and can be characterized as a continuing offense over time, the indictment may charge the continuing offense in a single count". (86 NY2d at 615-616.)