People v. Phillips

Motion to change venue of trial indictment from Oswego 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 Oswego 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., Hancock, Jr., Den-man, Green and Pine, JJ. (Order entered May 29,1985.)