Opinion
July 14, 1995
Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.
Motion for change of venue denied. Memorandum: On this application seeking a change of venue, 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 Niagara County (CPL 230.20). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate application may be made at that time. The relief requested in the application seeking a change of venue presently before this Court is premature ( see, People v. Scott, 197 A.D.2d 936; see also, People v. DiPiazza, 24 N.Y.2d 342).