People v. Rhodes — 74 A.D.2d 1003

Majority

p. 1003

The People of the State of New York, Plaintiff, v William Rhodes, Defendant.

Motion for change of venue denied. Memorandum: We conclude that 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 Monroe 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 .) Present — Cardamone, J. P., Hancock, Jr., Callahan, Witmer and Moule, JJ. [ 102 Misc 2d 377 .]

Cases cited

People v. DiPiazza 24 NY2d 342 N.Y. 1969-04-10 p. 1003
People v. Sekou 35 NY2d 844 N.Y. 1974-11-21 p. 1003
People v. Rhodes 102 Misc 2d 377 N.Y. Sup. Ct. 1980-01-02 p. 1003