People v. Oakes
This text of 130 A.D.2d 980 (People v. Oakes) 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.
Opinion
Motion to change venue of trial of indictment from Jefferson 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 Jefferson 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 Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, appeal dismissed 35 NY2d 844.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
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Cite This Page — Counsel Stack
130 A.D.2d 980, 516 N.Y.S.2d 1000, 1987 N.Y. App. Div. LEXIS 46973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oakes-nyappdiv-1987.