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People v. Thomas

73 A.D.2d 790 Court N.Y. App. Div. Decision date 1979-12-07 English

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p. 790
The People of the State of New York, Plaintiff, v Willie Gene Thomas, Defendant.

— 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 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 , app dsmd 35 NY2d 844 .)

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