People v. Thibodeau

Appellate Division of the Supreme Court of New York

People v. Thibodeau

219 A.D.2d 883, 632 N.Y.S.2d 991, 1995 N.Y. App. Div. LEXIS 11125

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1995·Published·Cited by 1 cases

Opinion

Motion for change of venue denied. Memorandum: On this application seeking a change of venue, we conclude that defendant has not met her 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 voir dire that a fair and impartial jury cannot be drawn, an appropriate application may be made at that time. The relief requested in the application seeking a change of venue presently before us is premature (see, People v Scott, 197 AD2d 936; see also, People v DiPiazza, 24 NY2d 342). Present — Green, P. J., Fallon, Wesley, Doerr and Davis, JJ. (Filed Aug. 31, 1995.)

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Motion for change of venue denied. Memorandum: On this application seeking a change of venue, we conclude that defendant has not met her 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 voir dire that a fair and impartial jury cannot be drawn, an appropriate application may be made at that time. The relief requested in the application seeking a change of venue presently before us is premature (see, People v Scott, 197 AD2d 936; see also, People v DiPiazza, 24 NY2d 342). Present — Green, P. J., Fallon, Wesley, Doerr and Davis, JJ. (Filed Aug. 31, 1995.)

People v. Thibodeau, 219 A.D.2d 883, 632 N.Y.S.2d 991, 1995 N.Y. App. Div. LEXIS 11125 (N.Y. Ct. App. 1995).

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Opinion

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