People v. Hatch

46 A.D.2d 721, 1974 N.Y. App. Div. LEXIS 3939
Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1974·Published·Cited by 43 cases

Opinion

Motion for change of venue denied. Memorandum: We conclude that petitioner-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 Oneida County (GPL 230.20, subd. 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 N Y 2d 342; People v. Sekou, 45 A D 2d 982). Present — Marsh, P. J., Cardamone, Simons, Goldman and Del Vecehio, JJ.

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People v. Hatch, 46 A.D.2d 721, 1974 N.Y. App. Div. LEXIS 3939 (N.Y. Ct. App. 1974).

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