Appellate Division of the Supreme Court of New York, 2000

People v. Barsuk

People v. Barsuk
Appellate Division of the Supreme Court of New York · Decided September 29, 2000
275 A.D.2d 1040; 718 N.Y.S.2d 247; 2000 N.Y. App. Div. LEXIS 9484
People v. Barsuk

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 cannot be had” in Genesee County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Balio, JJ. (Filed Sept. 15, 2000.)

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