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.)