People v. Koberstein

Appellate Division of the Supreme Court of New York

People v. Koberstein

152 A.D.2d 1015, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 10055

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1989·Published

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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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.

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).

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Opinion

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