People
v.
Thomas

Appellate Division of the Supreme Court of New York, Fourth DepartmentDec 7, 1979
73 A.D.2d 790 (N.Y. App. Div. 1979)

December 7, 1979


Motion for change of venue denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Cayuga 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.)