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People v. Calogero

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 15, 1978
64 A.D.2d 1010 (N.Y. App. Div. 1978)

Opinion

September 15, 1978

Present — Marsh, P.J., Simons, Hancock, Jr., Schnepp and Witmer, JJ.


Motion for change of venue denied. Memorandum: We conclude that the defendant has not on this application 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, subd 2). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application before us now is premature. (See People v Di Piazza, 24 N.Y.2d 342; People v Hatch, 46 A.D.2d 721; People v Sekou, 45 A.D.2d 982.)


Summaries of

People v. Calogero

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 15, 1978
64 A.D.2d 1010 (N.Y. App. Div. 1978)
Case details for

People v. Calogero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VINCENT CALOGERO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 15, 1978

Citations

64 A.D.2d 1010 (N.Y. App. Div. 1978)

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