People v. Brown

OPINION OF THE COURT

Edward M. Rappaport, J.

Is criminal usury in the second degree a continuous crime?1 Is each payment of interest a separate and distinct illegal act?

Defendant moves to dismiss the indictment on the ground that the indictment is vague and duplicitous.

*12The indictment, as is relevant to this motion, reads as follows:

"count one

"The Grand Jury of the County of Kings, by this indictment, accuse the defendants, Victor Iadarola, Benito Iadarola and Bernard Brown, of the crime of Criminal Usury in the First Degree (Penal Law § 190.42) committed as follows:

"The defendants, on or about…