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.