People v. Smith

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 Niagara 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 .) We note, however, that under the circumstances of this case, the retrial should be held at a Trial Term in Niagara Falls. Present—Dillon, P. J., Schnepp, Callahan, Doerr and Witmer, JJ.