Motion for change of venue denied. Memorandum: We conclude that defendant has not on this application met his burden of demonstrating that there is “reasonable cause to believe that a fair and impartial trial cannot be had” in Steuben County (CPL 230.20, subd 2). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application before us now is premature. (See People v-Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844.) Present — Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.
People v. Shedrick
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1981-09-11
Citations: 83 A.D.2d 988, 1981 N.Y. App. Div. LEXIS 15476, 443 N.Y.S.2d 716
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