People v. Phillips

Appellate Division of the Supreme Court of New York

People v. Phillips

112 A.D.2d 54, 490 N.Y.S.2d 1020, 1985 N.Y. App. Div. LEXIS 50710

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1985

StatusPublished

This text of 112 A.D.2d 54 (People v. Phillips) 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. Phillips, 112 A.D.2d 54, 490 N.Y.S.2d 1020, 1985 N.Y. App. Div. LEXIS 50710 (N.Y. Ct. App. 1985).

Pincite

Opinion

Motion to change venue of trial indictment from Oswego 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 Oswego 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 Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, appeal dismissed 35 NY2d 844.) Present — Dillon, P. J., Hancock, Jr., Den-man, Green and Pine, JJ. (Order entered May 29,1985.)

Free access — add to your briefcase to read the full text and ask questions with AI

Motion to change venue of trial indictment from Oswego 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 Oswego 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 Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, appeal dismissed 35 NY2d 844.) Present — Dillon, P. J., Hancock, Jr., Den-man, Green and Pine, JJ. (Order entered May 29,1985.)

Cite This Page — Counsel Stack

Bluebook (online)

112 A.D.2d 54, 490 N.Y.S.2d 1020, 1985 N.Y. App. Div. LEXIS 50710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phillips-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack