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People v. Calogero

64 A.D.2d 1010 Court N.Y. App. Div. Decision date 1978-09-15 English

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p. 1010
The People of the State of New York, Plaintiff, v Vincent Calogero, Defendant.

—Motion for change of venue denied. Memorandum: We conclude that the 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 Onondaga County (CPL 230.20, 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., Simons, Hancock, Jr., Schnepp and Witmer, JJ.

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