Appellate Division of the Supreme Court of New York, 1995

People v. Coleman

People v. Coleman
Appellate Division of the Supreme Court of New York · Decided March 17, 1995
213 A.D.2d 1083; 625 N.Y.S.2d 990; 1995 N.Y. App. Div. LEXIS 4016
People v. Coleman

Opinion of the Court

—Motion for change of venue 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 Niagara County (CPL 230.20 [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 Scott, 197 AD2d *1084936). Present—Denman, P. J., Green, Callahan, Balio and Boehm, JJ.

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