¶1— Motion to change venue of trial of indictment from Niagara County denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Niagara County (CPL 230.20 [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, appeal dismissed 35 NY2d 844.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.
120 A.D.2d 991
People v. Scott
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1986
Appellate Division of the Supreme Court of the State of New York · decided 1986-05-23
Good law ✅— No negative treatment on recordhow we know
Decided 1986-05-23
How this case has been cited
Cited by 8 later decisions — most recently May 2003
2 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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