People v. Carrasquillo

Appellate Division of the Supreme Court of New York

People v. Carrasquillo

278 A.D.2d 947, 722 N.Y.S.2d 928, 2000 N.Y. App. Div. LEXIS 13726

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 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 Onondaga County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may 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 — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ. (Filed Dec. 19, 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 Onondaga County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may 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 — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ. (Filed Dec. 19, 2000.)

People v. Carrasquillo, 278 A.D.2d 947, 722 N.Y.S.2d 928, 2000 N.Y. App. Div. LEXIS 13726 (N.Y. Ct. App. 2000).

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