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People v. Barsuk

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2000
275 A.D.2d 1040 (N.Y. App. Div. 2000)

Opinion

September 15, 2000.

October 2, 2000.

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


Motion for change of venue denied.

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 Genesee County (CPL 230.20). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature ( see, People v. Mateo, 239 A.D.2d 965; see also, People v. DiPiazza, 24 N.Y.2d 342).


Summaries of

People v. Barsuk

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2000
275 A.D.2d 1040 (N.Y. App. Div. 2000)
Case details for

People v. Barsuk

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, v. JOSEPH BARSUK, JR.…

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

Date published: Oct 2, 2000

Citations

275 A.D.2d 1040 (N.Y. App. Div. 2000)
718 N.Y.S.2d 247