People v. Coleman

213 A.D.2d 1083, 625 N.Y.S.2d 990, 1995 N.Y. App. Div. LEXIS 4016

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 Niagara 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, 24 NY2d 342; People v Scott, 197 AD2d ). Present—Denman, P. J., Green, Callahan, Balio and Boehm, JJ.