People v. Koberstein , 544 N.Y.S.2d 734 ( 1989 )


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  • Motion to change venue from Oneida 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 Oneida County (CPL 230.20 [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 DiPiazza, 24 NY2d 342; People v Kroemer, 151 AD2d 1049, and cases cited therein). Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.

Document Info

Citation Numbers: 152 A.D.2d 1015, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 10055

Filed Date: 7/12/1989

Precedential Status: Precedential

Modified Date: 10/31/2024