Opinion
June 2, 1989
Appeal from the Supreme Court, Monroe County, Kennedy, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that a reversal is required because pretrial publicity deprived him of a fair trial (see, People v Pepper, 59 N.Y.2d 353). Defendant's claim that it was reversible error to deny his request for public funds to conduct a survey for the purpose of making an application for a change of venue is without merit. Defendant failed to demonstrate that an impartial jury could not be impaneled (see, CPL 230.20; 255.20 [3]; People v. Parker, 60 N.Y.2d 714; People v. DiPiazza, 24 N.Y.2d 342; People v. Simmons, 132 A.D.2d 1009). We have reviewed defendant's remaining claims and find them lacking in merit.