Appellate Division of the Supreme Court of New York, 1983

People v. Acomb

People v. Acomb
Appellate Division of the Supreme Court of New York · Decided April 1, 1983
93 A.D.2d 1001; 461 N.Y.S.2d 743; 1983 N.Y. App. Div. LEXIS 17935
People v. Acomb

Opinion of the Court

— Motion to change venue of trial of indictment from Livingston 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 Livingston County (CPL 230.20, subd 2). If it develops during 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 — Dillon, P. J., Hancock, Jr., Callahan, Denman and Green, JJ. (Order entered March 18, 1983.)

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