People v. Barsuk

Appellate Division of the Supreme Court of New York

People v. Barsuk

275 A.D.2d 1040, 718 N.Y.S.2d 247, 2000 N.Y. App. Div. LEXIS 9484

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 2000·Published

Opinion

—Motion for change of venue denied. Memorandum: We conclude that defendant has not met his burden of demonstrating that there is “reasonable cause to believe that a fair and impartial trial cannot be had” in Genesee County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Balio, JJ. (Filed Sept. 15, 2000.)

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—Motion for change of venue denied. Memorandum: We conclude that defendant has not met his burden of demonstrating that there is “reasonable cause to believe that a fair and impartial trial cannot be had” in Genesee County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Balio, JJ. (Filed Sept. 15, 2000.)

People v. Barsuk, 275 A.D.2d 1040, 718 N.Y.S.2d 247, 2000 N.Y. App. Div. LEXIS 9484 (N.Y. Ct. App. 2000).

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