Motion for change of venue denied with leave to renew. 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 Niagara County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate application 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 — Pine, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ. (Filed Mar. 1, 2001.)
The People of the State of New York, Plaintiff, v. Victor Johnson, Defendant
281 A.D.2d 992727 N.Y.S.2d 364
Authorities cited
No cited authorities resolved to law.co cases yet.