Opinion
March 28, 1980
Present — Cardamone, J.P., Hancock, Jr., Callahan, Witmer and Moule, JJ. [ 102 Misc.2d 377.]
Motion for change of venue denied. Memorandum: We conclude that 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 Monroe 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, app dsmd 35 N.Y.2d 844.)