People v. Lafferty

Appellate Division of the Supreme Court of New York

People v. Lafferty

144 A.D.2d 1038, 535 N.Y.S.2d 575, 1988 N.Y. App. Div. LEXIS 14707

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1988·Published·Cited by 1 cases

Opinion

Motion to change venue from Chautauqua 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 Chautauqua 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 Carlson, 143 AD2d 542; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.

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Motion to change venue from Chautauqua 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 Chautauqua 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 Carlson, 143 AD2d 542; People v Simmons, 132 AD2d 1009; People v Oakes, 130 AD2d 980; People v Rivera, 130 AD2d 980.) Present — Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.

People v. Lafferty, 144 A.D.2d 1038, 535 N.Y.S.2d 575, 1988 N.Y. App. Div. LEXIS 14707 (N.Y. Ct. App. 1988).

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Opinion

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