Majority
— 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.)
Cases cited
- People v. DiPiazza 24 NY2d 342 p. 1090
- People v. Sekou 35 NY2d 844 p. 1090