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People v. Wilkes

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 811 (N.Y. App. Div. 1979)

Opinion

July 6, 1979


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 Genesee 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.)


Summaries of

People v. Wilkes

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 811 (N.Y. App. Div. 1979)
Case details for

People v. Wilkes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GERALD WILKES, Defendant

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

Date published: Jul 6, 1979

Citations

71 A.D.2d 811 (N.Y. App. Div. 1979)