Appellate Division of the Supreme Court of New York, 1979

People v. Thomas

People v. Thomas
Appellate Division of the Supreme Court of New York · Decided December 7, 1979
73 A.D.2d 790; 423 N.Y.S.2d 854; 1979 N.Y. App. Div. LEXIS 14666
People v. Thomas

Opinion of the Court

— Motion for change of venue 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 Cayuga 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.)

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