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64 A.D.2d 1010

People v. Poret

Appellate Division of the Supreme Court of the State of New York · decided 1978-09-15

Decided 1978-09-15

¶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.

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