People v. Green

122 A.D.2d 622, 504 N.Y.S.2d 917, 1986 N.Y. App. Div. LEXIS 59913

Opinion

— Motion to change venue of trial of indictment from Cayuga County Court to a superior court in another county 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 Cayuga 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 Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, appeal dismissed 35 NY2d 844.) Present — Dillon, P. J., Callahan, Doerr, Denman and Boomer, JJ.