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People v. Koberstein

152 A.D.2d 1015, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 10055
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1989
StatusPublished

This text of 152 A.D.2d 1015 (People v. Koberstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Koberstein, 152 A.D.2d 1015, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 10055 (N.Y. Ct. App. 1989).

Opinion

Motion to change venue from Oneida 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 Oneida 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 Kroemer, 151 AD2d 1049, and cases cited therein). Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.

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Related

People v. DiPiazza
248 N.E.2d 412 (New York Court of Appeals, 1969)
People v. Kroemer
151 A.D.2d 1049 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
152 A.D.2d 1015, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 10055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-koberstein-nyappdiv-1989.