People v. Bedell

Appellate Division of the Supreme Court of New York

People v. Bedell

73 A.D.2d 1045, 425 N.Y.S.2d 532, 1980 N.Y. App. Div. LEXIS 10003

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 1980·Published·Cited by 2 cases

Opinion

Motion for change of venue denied. Memorandum: We conclude that defendant has not on this application met her burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Onondaga 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.) (Order entered Jan. 18, 1980.)

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Motion for change of venue denied. Memorandum: We conclude that defendant has not on this application met her burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Onondaga 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.) (Order entered Jan. 18, 1980.)

People v. Bedell, 73 A.D.2d 1045, 425 N.Y.S.2d 532, 1980 N.Y. App. Div. LEXIS 10003 (N.Y. Ct. App. 1980).

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