People v. Shedrick

Appellate Division of the Supreme Court of New York

People v. Shedrick

83 A.D.2d 988, 443 N.Y.S.2d 716, 1981 N.Y. App. Div. LEXIS 15476

Appellate Division of the Supreme Court of the State of New York·Decided September 11, 1981·Published·Cited by 4 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 Steuben County (CPL 230.20, subd 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, app dsmd 35 NY2d 844.) Present — Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.

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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 Steuben County (CPL 230.20, subd 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, app dsmd 35 NY2d 844.) Present — Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.

People v. Shedrick, 83 A.D.2d 988, 443 N.Y.S.2d 716, 1981 N.Y. App. Div. LEXIS 15476 (N.Y. Ct. App. 1981).

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Opinion

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