Opinion
October 5, 1990
Present — Callahan, J.P., Doerr, Boomer, Pine and Lawton, JJ. (Order entered Sept. 20, 1990.)
Motion for change of venue 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 Livingston County (CPL 230.20). 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 N.Y.2d 342; People v. Miodov, 162 A.D.2d 1059).