From Casetext: Smarter Legal Research

People v. Scott

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 936 (N.Y. App. Div. 1993)

Opinion

October 1, 1993

Present — Denman, P.J., Green, Balio, Fallon and Boehm, JJ. (Filed Sept. 2, 1993.)


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 Onondaga County (CPL 230.20). 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. Scott, 193 A.D.2d 1145; see also, People v. DiPiazza, 24 N.Y.2d 342; People v. Jacobsen, 170 A.D.2d 1043).


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 936 (N.Y. App. Div. 1993)
Case details for

People v. Scott

Case Details

Full title:PEOPLE v. ROGER SCOTT, Defendant

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

Date published: Oct 1, 1993

Citations

197 A.D.2d 936 (N.Y. App. Div. 1993)
604 N.Y.S.2d 843

Citing Cases

People v. Williams

Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ. Memorandum: We conclude that defendant has not on…

People v. Thibodeau

Memorandum: On this application seeking a change of venue, we conclude that defendant has not met her burden…