Appellate Division of the Supreme Court of New York, 1983

People v. King

People v. King
Appellate Division of the Supreme Court of New York · Decided February 28, 1983
92 A.D.2d 750; 461 N.Y.S.2d 990; 1983 N.Y. App. Div. LEXIS 17082
People v. King

Opinion of the Court

Motion to change venue of trial of indictment from Onondaga County denied. Memorandum: We conclude that the 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 Onondaga 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 DiPiazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844.) Present •— Hancock, Jr., J. P., Doerr, Boomer and Schnepp, JJ.

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