People v. Garrasi

Appellate Division of the Supreme Court of New York

People v. Garrasi

266 A.D.2d 934, 697 N.Y.S.2d 536, 1999 N.Y. App. Div. LEXIS 11961

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1999·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 can[935]*935not be had in Erie County (see, CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The request for relief is premature (see, People v Mateo, 239 AD2d 965; see generally, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ. (Filed Oct. 4, 1999.)

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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 can[935]*935not be had in Erie County (see, CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The request for relief is premature (see, People v Mateo, 239 AD2d 965; see generally, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ. (Filed Oct. 4, 1999.)

People v. Garrasi, 266 A.D.2d 934, 697 N.Y.S.2d 536, 1999 N.Y. App. Div. LEXIS 11961 (N.Y. Ct. App. 1999).

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