¶1— Motion to change venue of trial of indictment from Onondaga County 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 Onondaga 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 DiPiazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844). Present — Dillon, P. J., Denman, Boomer, Green and O’Donnell, JJ. (Order entered Jan. 25, 1985.)
107 A.D.2d 1090
People v. Murray
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1985
Appellate Division of the Supreme Court of the State of New York · decided 1985-01-29
Decided 1985-01-29