People v. Brooks

—Yesawich Jr., J.

Appeal from an order of the County Court of Tompkins County (Barrett, J.), entered June 19, 1997, which granted defendant’s motion to dismiss the indictment.

Defendant contracted with Thomas Kurz and Patrice Kurz to construct a new home for a total price of $231,655.39, payable in eight installments, or draws, as work was completed. In early June 1994, work was nearing completion and defendant had received six of the eight payments. On June 21, 1994, the Kurzes tendered a check to defendant for $13,668.63, representing the balance due on the seventh draw after certain…