People v. Miodov

Appellate Division of the Supreme Court of New York

People v. Miodov

162 A.D.2d 1059, 559 N.Y.S.2d 206, 1990 N.Y. App. Div. LEXIS 9985

Appellate Division of the Supreme Court of the State of New York·Decided June 22, 1990·Published·Cited by 1 cases

Opinion

Motion for change of venue and for other relief 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 Livingston 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 is premature (see, People v DiPiazza, 24 NY2d 342; People v Kroemer, 151 AD2d 1049). Present—-Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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Motion for change of venue and for other relief 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 Livingston 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 is premature (see, People v DiPiazza, 24 NY2d 342; People v Kroemer, 151 AD2d 1049). Present—-Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

People v. Miodov, 162 A.D.2d 1059, 559 N.Y.S.2d 206, 1990 N.Y. App. Div. LEXIS 9985 (N.Y. Ct. App. 1990).

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