Summary
explaining that "[a]n essential element of an accord and satisfaction is a clear manifestation of intent by one tendering less than full payment of an unliquidated claim that the payment has been sent in full satisfaction of the disputed claim" and noting that "[t]he person receiving the payment must have "been clearly informed that acceptance of the amount offered will settle or discharge a legitimately disputed unliquidated claim."
Summary of this case from GATX Corp. v. Ga. Power Co.Opinion
November 15, 1991
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, J.P., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention pursuant to Batson v. Kentucky ( 476 U.S. 79) has not been preserved for our review by timely objection (see, CPL 470.05; People v. Harris, 151 A.D.2d 961). Were we to address this issue, we would conclude that the prosecutor proffered reasonably specific race-neutral reasons for use of peremptory challenges to exclude four black members of the jury panel (see, People v. Hernandez, 75 N.Y.2d 350, affd 500 US ___, 114 L Ed 2d 395; People v. Adams, 163 A.D.2d 881, lv denied 77 N.Y.2d 875). The trial court properly allowed testimony of prior negotiations between defendant and the undercover police officer because they were inextricably interwoven with the crimes charged in the indictment (see, People v. Ventimiglia, 52 N.Y.2d 350, 361; People v. Civitello, 152 A.D.2d 812, 813, lv denied 74 N.Y.2d 947). Each of defendant's remaining contentions lacks merit.