People v. Casper

Appellate Division of the Supreme Court of New York

People v. Casper

274 A.D.2d 976, 711 N.Y.S.2d 819, 2000 N.Y. App. Div. LEXIS 14117

Appellate Division of the Supreme Court of the State of New York·Decided July 7, 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 Ontario 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 [977] requested in the application is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pigott, Jr., P. J., Green, Pine, Wisner and Scudder, 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 Ontario 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 [977] requested in the application is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pigott, Jr., P. J., Green, Pine, Wisner and Scudder, JJ.

People v. Casper, 274 A.D.2d 976, 711 N.Y.S.2d 819, 2000 N.Y. App. Div. LEXIS 14117 (N.Y. Ct. App. 2000).

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