People v. Swan , 458 N.Y.S.2d 214 ( 1982 )

— Motion to change venue of trial of indictment from Cattaraugus County 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 Cattaraugus 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 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844.) Present — Dillon, P. J., Simons, Doerr, Boomer and Moule, JJ. (Order entered Dec. 3, 1982.)