People v. Jacobsen

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 1, 1991
• Status: Published

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.