People v. Swan

Appellate Division of the Supreme Court of New York

People v. Swan

91 A.D.2d 871, 458 N.Y.S.2d 214, 1982 N.Y. App. Div. LEXIS 19800

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1982·Published

Opinion

— Motion to change venue of trial of indictment from Cattaraugus 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 Cattaraugus 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., Simons, Doerr, Boomer and Moule, JJ. (Order entered Dec. 3, 1982.)

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— Motion to change venue of trial of indictment from Cattaraugus 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 Cattaraugus 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., Simons, Doerr, Boomer and Moule, JJ. (Order entered Dec. 3, 1982.)

People v. Swan, 91 A.D.2d 871, 458 N.Y.S.2d 214, 1982 N.Y. App. Div. LEXIS 19800 (N.Y. Ct. App. 1982).

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Opinion

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