People v. Chinn

Appellate Division of the Supreme Court of New York

People v. Chinn

231 A.D.2d 965, 648 N.Y.S.2d 393, 1996 N.Y. App. Div. LEXIS 11027

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1996·Published·Cited by 1 cases

Opinion

Motion for a change of venue denied. Memorandum: On this motion for a change of venue, 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 be made at that time. The relief requested is premature (see, People v Thibodeau, 219 AD2d 883; People v Scott, 197 AD2d 936). Present—Green, J. P., Pine, Callahan, Davis and Boehm, JJ.

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Motion for a change of venue denied. Memorandum: On this motion for a change of venue, 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 be made at that time. The relief requested is premature (see, People v Thibodeau, 219 AD2d 883; People v Scott, 197 AD2d 936). Present—Green, J. P., Pine, Callahan, Davis and Boehm, JJ.

People v. Chinn, 231 A.D.2d 965, 648 N.Y.S.2d 393, 1996 N.Y. App. Div. LEXIS 11027 (N.Y. Ct. App. 1996).

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