People v. Harris

166 A.D.2d 933, 561 N.Y.S.2d 657, 1990 N.Y. App. Div. LEXIS 12445

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 Livingston 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 Miodov, 162 AD2d 1059). Present—Callahan, J. P., Doerr, Boomer, Pine and Lawton, JJ. (Order entered Sept. 20, 1990.)