People v. Scott

Appellate Division of the Supreme Court of New York

People v. Scott

197 A.D.2d 936, 604 N.Y.S.2d 843

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·Published·Cited by 9 cases

Opinion

Motion for change of venue 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 Onondaga 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 Scott, 193 AD2d 1145; see also, People v DiPiazza, 24 NY2d 342; People v Jacobsen, 170 AD2d 1043). Present—Den-man, P. J., Green, Balio, Fallon and Boehm, JJ. (Filed Sept. 2, 1993.)

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Motion for change of venue 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 Onondaga 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 Scott, 193 AD2d 1145; see also, People v DiPiazza, 24 NY2d 342; People v Jacobsen, 170 AD2d 1043). Present—Den-man, P. J., Green, Balio, Fallon and Boehm, JJ. (Filed Sept. 2, 1993.)

People v. Scott, 197 A.D.2d 936, 604 N.Y.S.2d 843 (N.Y. Ct. App. 1993).

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