Majority
p. 1049The People of the State of New York v Kent Kroemer, Defendant.
Motion to change venue from Ontario 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
p. 1050
impartial trial cannot be had” in Ontario 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 DiPiazza, 24 NY2d 342 ; People v Lafferty, 144 AD2d 1038 ; People v Carlson, 143 AD2d 542 ; People v Simmons, 132 AD2d 1009 ; People v Oakes, 130 AD2d 980 ; People v Rivera, 130 AD2d 980 .) Present — Dillon, P. J., Doerr, Boomer, Balio and Davis, JJ.
Cases cited
- People v. DiPiazza 24 NY2d 342 p. 1050
- People v. Simmons 132 AD2d 1009 p. 1050