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People v. Griffin

70 A.D.2d 1059 Court N.Y. App. Div. Decision date 1979-06-01 English

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p. 1059
The People of the State of New York, Respondent, v David Griffin, Appellant.

— 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 Cayuga 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 — Dillon, P. J., Schnepp, Callahan, Witmer and Moule, JJ.

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