People v. Jacobsen

Appellate Division of the Supreme Court of New York

People v. Jacobsen

170 A.D.2d 1043, 566 N.Y.S.2d 904, 1991 N.Y. App. Div. LEXIS 1888

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 1991·Published·Cited by 4 cases

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 Erie County (CPL 230.20 [2]). If it develops during 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 Harris, 166 AD2d 933). Present—Callahan, J. P., Denman, Boomer, Lawton and Davis, JJ.

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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 Erie County (CPL 230.20 [2]). If it develops during 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 Harris, 166 AD2d 933). Present—Callahan, J. P., Denman, Boomer, Lawton and Davis, JJ.

People v. Jacobsen, 170 A.D.2d 1043, 566 N.Y.S.2d 904, 1991 N.Y. App. Div. LEXIS 1888 (N.Y. Ct. App. 1991).

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