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People v. Gramaglia

61 A.D.2d 887 Court N.Y. App. Div. Decision date 1978-02-17 English

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p. 887
The People of the State of New York, Plaintiff, v Phillip Gramaglia et al., Defendants.

Motion for change of venue denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Erie County (CPL 230.20,

p. 888
subd 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 Di Piazza, 24 NY2d 342 ; People v Hatch, 46 AD2d 721 ; People v Sekou, 45 AD2d 982 ). Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ. (Order entered Feb. 13, 1978.)

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