—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 Monroe County (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 relief requested in the application is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present— Green, J. P., Hayes, Pigott, Jr., Hurlbutt and Callahan, JJ.
The People of the State of New York, Plaintiff, v. Jose Santiago, Defendant
267 A.D.2d 1105700 N.Y.S.2d 881
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