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People v. Astacio

Appellate Division of the Supreme Court of the State of New York
Jan 14, 2019
2019 N.Y. Slip Op. 62882 (N.Y. App. Div. 2019)

Opinion

KA 19-00016 Indictment No. 18-0822

01-14-2019

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LETICIA ASTACIO, DEFENDANT.


PRESENT:

Defendant having moved pursuant to CPL 230.20 for a change of venue from Supreme Court, Monroe County, for the prosecution of indictment number 18-0822,

Now, upon reading and filing the affirmation of Mark A. Foti, Esq., dated December 28, 2018, the notice of motion with proof of service thereof, the affirmation of Mark Sinkiewicz, Esq., dated January 3, 2019, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted.

Memorandum: Under the particular circumstances presented, we conclude that there is reasonable cause to believe that a fair and impartial jury cannot now be drawn in Monroe County. The venue of this indictment should be changed to Onondaga County (see People v Pardo, 107 AD2d 1090 [4th Dept 1985]; People v Acomb, 94 AD2d 978 [4th Dept 1983]).

Entered: January 14, 2019

Mark W. Bennett, Clerk


Summaries of

People v. Astacio

Appellate Division of the Supreme Court of the State of New York
Jan 14, 2019
2019 N.Y. Slip Op. 62882 (N.Y. App. Div. 2019)
Case details for

People v. Astacio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LETICIA ASTACIO…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jan 14, 2019

Citations

2019 N.Y. Slip Op. 62882 (N.Y. App. Div. 2019)