¶1—Motion for change of venue denied. Memorandum: We conclude that the 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 Monroe 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.) Present—Marsh, P. J., Simons, Hancock, Jr., Schnepp and Witmer, JJ.
64 A.D.2d 1010
People v. Poret
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 1978
Appellate Division of the Supreme Court of the State of New York · decided 1978-09-15
Decided 1978-09-15