People v. Carpenter

Appellate Division of the Supreme Court of New York

People v. Carpenter

61 A.D.2d 887, 402 N.Y.S.2d 979, 1978 N.Y. App. Div. LEXIS 10383

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1978·Published

Opinion

Motion for change of venue 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 Oswego 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 is now 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—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ. (Order entered Feb. 13, 1978.)

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Motion for change of venue 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 Oswego 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 is now 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—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ. (Order entered Feb. 13, 1978.)

People v. Carpenter, 61 A.D.2d 887, 402 N.Y.S.2d 979, 1978 N.Y. App. Div. LEXIS 10383 (N.Y. Ct. App. 1978).

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Opinion

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