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People v. Owens

286 A.D.2d 1003 Court N.Y. App. Div. Decision date 2001-09-28 English

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p. 1003
The People of the State of New York, Plaintiff, v John Owens, Defendant.
[733 NYS2d 659]

—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”

p. 1004
in Monroe County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in this motion is premature (see, People v Mateo, 239 AD2d 965 ; see also, People v DiPiazza, 24 NY2d 342 ). Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ. (Filed July 27, 2001.)

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