People v. Mateo

Full title: PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, v. ANGEL MATEO, DEFENDANT

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

Date published: Nov 12, 1999

266 A.D.2d 934 (N.Y. App. Div. 1999)

698 N.Y.S.2d 573

Opinion

November 12, 1999

PRESENT: GREEN, J. P., PINE, WISNER, PIGOTT, JR., AND CALLAHAN, JJ.

Motion to renew motion for change of venue denied.

Memorandum:

The motion of defendant to renew his prior motion for a change of venue is denied. Defendant has failed to show that pretrial publicity has permeated the community to the extent that it is impossible for defendant to obtain a fair and impartial trial (see, People v. Ryan, 151 A.D.2d 528, 529). Further, we reject as speculative defendant's contention that members of the jury may experience delayed recall.