Appellate Division of the Supreme Court of New York, 1995

People v. Thibodeau

People v. Thibodeau
Appellate Division of the Supreme Court of New York · Decided September 29, 1995
219 A.D.2d 883; 632 N.Y.S.2d 991; 1995 N.Y. App. Div. LEXIS 11125
People v. Thibodeau

Opinion of the Court

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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