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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO DIAZ, Appellant.

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.

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PEOPLE v. DIAZ
(Nov 15, 1991)