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People v. Williams

255 A.D.2d 1014 Court N.Y. App. Div. Decision date 1998-11-13 English

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p. 1014
The People of the State of New York v Nushawn Williams, Defendant.
[679 NYS2d 924]

—Motion for change of venue 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 Chautauqua 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 this application is premature (see, People v Scott, 197 AD2d 936 ; see also, People v DiPiazza, 24 NY2d 342 ; People v Jacobsen, 170 AD2d 1043 ). Present— Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.

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