Majority
p. 1003The 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.)
Cases cited
- People v. DiPiazza 24 NY2d 342 p. 1004