People v. Johnson

Full title: PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, v. VICTOR JOHNSON, DEFENDANT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 2001

281 A.D.2d 992 (N.Y. App. Div. 2001)

727 N.Y.S.2d 364

Opinion

March 21, 2001.

PRESENT: PINE, J. P., HAYES, WISNER, HURLBUTT AND SCUDDER, JJ.

Motion for change of venue denied with leave to renew.

Memorandum:

We conclude that defendant has not met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Niagara County (CPL 230.20). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application is premature ( see, People v. Mateo, 239 A.D.2d 965; see also, People v. DiPiazza, 24 N.Y.2d 342).