People v. Barnes

Appellate Division of the Supreme Court of New York

People v. Barnes

86 A.D.2d 781, 449 N.Y.S.2d 939, 1982 N.Y. App. Div. LEXIS 15371

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1982

StatusPublished

Cited by1 cases

This text of 86 A.D.2d 781 (People v. Barnes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barnes, 86 A.D.2d 781, 449 N.Y.S.2d 939, 1982 N.Y. App. Div. LEXIS 15371 (N.Y. Ct. App. 1982).

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Opinion

Motion to change venue of trial of indictment from Steuben County 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 Steuben 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., Hancock, Jr., Callahan, Doerr and Boomer, JJ.

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Motion to change venue of trial of indictment from Steuben County 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 Steuben 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., Hancock, Jr., Callahan, Doerr and Boomer, JJ.

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Bluebook (online)

86 A.D.2d 781, 449 N.Y.S.2d 939, 1982 N.Y. App. Div. LEXIS 15371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barnes-nyappdiv-1982.

Opinion

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