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PEOPLE v. FIRST MERIDIAN CORP

86 N.Y.2d 608 (1995)

658 N.E.2d 1017

635 N.Y.S.2d 144

The People of the State of New York, Respondent, v. First Meridian Planning Corporation et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 2, 1995.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany (Gloria Herron Arthur and Stephen R. Coffey of counsel), for First Meridian Planning Corporation and others, appellants.

Borstein, Sheinbaum & Lurie, New York City (Leon Baer Borstein and James B. Sheinbaum of counsel), for Donald Kagin, appellant.

Howard B. Arber, Hempstead, and Gregg Roth for Neil Berman, appellant.

Dennis C. Vacco, Attorney-General, New York City (David Farman, Victoria A. Graffeo, John H. Carley, Rebecca Mullane, Ray Cerreta and Christine Duisin of counsel), for respondent.

Ganz, Hollinger & Towe, New York City (David L. Ganz of counsel), and George D. Hatie, of the Michigan Bar, admitted pro hac vice, for Industry Council for Tangible Assets and another, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

The 39-count indictment in this case arose out of an investigation by the Attorney-General of the investment promotional activities, commencing in 1982, of defendant First Meridian Planning Corp. (First Meridian), its officers and sales personnel. First Meridian portrayed itself to the investing public as a knowledgeable, experienced financial planning enterprise...

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