People v. Cahill

Appellate Division of the Supreme Court of New York

People v. Cahill

261 A.D.2d 972, 692 N.Y.S.2d 622, 1999 N.Y. App. Div. LEXIS 5158

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1999·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 Onondaga County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion before us now is premature (see, People v Mateo, 239 AD2d 965; see generally, People v DiPiazza, 24 NY2d 342). Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.

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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 Onondaga County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion before us now is premature (see, People v Mateo, 239 AD2d 965; see generally, People v DiPiazza, 24 NY2d 342). Present — Green, J. P., Pine, Wisner, Pigott, Jr., and Callahan, JJ.

People v. Cahill, 261 A.D.2d 972, 692 N.Y.S.2d 622, 1999 N.Y. App. Div. LEXIS 5158 (N.Y. Ct. App. 1999).

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