People v. Carlson

Appellate Division of the Supreme Court of New York

People v. Carlson

143 A.D.2d 542, 533 N.Y.S.2d 267, 1988 N.Y. App. Div. LEXIS 10403

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1988·Published·Cited by 2 cases

Opinion

Motion to change venue of trial of indictment from Chautauqua 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 Chautauqua County (CPL 230.20 [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 DiPiazza, 14 NY2d 342; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; [543]*543People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Motion to change venue of trial of indictment from Chautauqua 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 Chautauqua County (CPL 230.20 [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 DiPiazza, 14 NY2d 342; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; [543]*543People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.

People v. Carlson, 143 A.D.2d 542, 533 N.Y.S.2d 267, 1988 N.Y. App. Div. LEXIS 10403 (N.Y. Ct. App. 1988).

Pincite

143 A.D.2d 542 (People v. Carlson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related