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People v. Oakes

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 980 (N.Y. App. Div. 1987)

Opinion

May 22, 1987

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Motion to change venue of trial of indictment from Jefferson County 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 Jefferson 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. Hatch, 46 A.D.2d 721; People v. Sekou, 45 A.D.2d 982, appeal dismissed 35 N.Y.2d 844. )


Summaries of

People v. Oakes

Appellate Division of the Supreme Court of New York, Fourth Department
May 22, 1987
130 A.D.2d 980 (N.Y. App. Div. 1987)
Case details for

People v. Oakes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK v. WILLIAM OAKES, Defendant

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

Date published: May 22, 1987

Citations

130 A.D.2d 980 (N.Y. App. Div. 1987)

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