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People v. Simmons

132 A.D.2d 1009, 523 N.Y.S.2d 37, 1987 N.Y. App. Div. LEXIS 49495
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 10, 1987
StatusPublished
Cited by4 cases

This text of 132 A.D.2d 1009 (People v. Simmons) 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. Simmons, 132 A.D.2d 1009, 523 N.Y.S.2d 37, 1987 N.Y. App. Div. LEXIS 49495 (N.Y. Ct. App. 1987).

Opinion

Motion to change venue of trial of indictment from Erie County denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Erie 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 —Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.

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Related

People v. Kroemer
151 A.D.2d 1049 (Appellate Division of the Supreme Court of New York, 1989)
People v. Taylor
151 A.D.2d 1029 (Appellate Division of the Supreme Court of New York, 1989)
People v. Lafferty
144 A.D.2d 1038 (Appellate Division of the Supreme Court of New York, 1988)
People v. Carlson
143 A.D.2d 542 (Appellate Division of the Supreme Court of New York, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
132 A.D.2d 1009, 523 N.Y.S.2d 37, 1987 N.Y. App. Div. LEXIS 49495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simmons-nyappdiv-1987.