Opinion
November 22, 1961
Motion by defendant to remove this action from the County Court of Tompkins County to a term of the Supreme Court held in another county on the ground that a fair and impartial trial cannot be had in Tompkins County. (Code Crim. Pro., § 344, subd. 2.) The County Judge of that county states, in an affidavit, that in his opinion it is unlikely that an impartial jury trial can be had there, and the District Attorney consents to the removal. Motion granted and action removed to the term of the Supreme Court which commenced October 2, 1961 in Broome County. Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ., concur.