Appellate Division of the Supreme Court of New York, 1999

People v. Garrasi

People v. Garrasi
Appellate Division of the Supreme Court of New York · Decided November 12, 1999
266 A.D.2d 934; 697 N.Y.S.2d 536; 1999 N.Y. App. Div. LEXIS 11961
People v. Garrasi

Opinion of the Court

—Motion for change of venue denied. Memorandum: We conclude that defendant has not met his burden of demonstrating that there is reasonable cause to believe that a fair and impartial trial can*935not be had in Erie County (see, CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The request for relief is premature (see, People v Mateo, 239 AD2d 965; see generally, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ. (Filed Oct. 4, 1999.)

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