Appellate Division of the Supreme Court of New York, 2000

People v. Carrasquillo

People v. Carrasquillo
Appellate Division of the Supreme Court of New York · Decided December 27, 2000
278 A.D.2d 947; 722 N.Y.S.2d 928; 2000 N.Y. App. Div. LEXIS 13726
People v. Carrasquillo

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 Onondaga County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may 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 — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ. (Filed Dec. 19, 2000.)

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