Majority
p. 1040The People of the State of New York, Plaintiff, v Joseph Barsuk, Jr., Defendant. [718 NYS2d 247]
—Motion for change of venue denied. Memorandum: We conclude that defendant has not met his burden of demonstrating that there is “reasonable cause to believe that a fair and impartial trial cannot be had” in Genesee County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature (see, People v Mateo, 239 AD2d 965 ; see also, People v DiPiazza, 24 NY2d 342 ). Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Balio, JJ. (Filed Sept. 15, 2000.)
Cases cited
- People v. DiPiazza 24 NY2d 342 p. 1040