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People v. Parry

78 A.D.2d 760 Court Fourth Department, Decision date 1980-10-24 English

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p. 760
Fourth Department,
October, 1980
(October 24, 1980)
The People of the State of New York, Plaintiff, v Edward H. Parry, 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 Oneida 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—Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.

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