Majority
p. 351The People of the State of New York, Plaintiff, v Dwight Williams, Defendant.
—Motion to change venue of trial of indictment from Onondaga County denied. Memorandum: We conclude that defendant has not on this application
p. 352
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 [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—Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ. (Order entered Nov. 4, 1985.)
Cases cited
- People v. DiPiazza 24 NY2d 342 p. 352
- People v. Sekou 35 NY2d 844 p. 352