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People v. Drake

Appellate Division of the Supreme Court of the State of New York
Feb 25, 2014
2014 N.Y. Slip Op. 64938 (N.Y. App. Div. 2014)

Opinion

KA 14-00211 Indictment No. 7205

02-25-2014

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBIE J. DRAKE, DEFENDANT.


PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

Defendant having moved pursuant to CPL 230.20 for a change of venue from Niagara County Court for the prosecution of indictment number 7205,

Now, upon reading and filing the affidavit of Joseph G. Frazier, Esq. sworn to January 29, 2014, and the affidavit of Thomas H. Brandt, Esq. sworn to February 7, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is 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 Niagara County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion is premature (People v Mateo, 239 AD2d 965).

Frances E. Cafarell, Clerk


Summaries of

People v. Drake

Appellate Division of the Supreme Court of the State of New York
Feb 25, 2014
2014 N.Y. Slip Op. 64938 (N.Y. App. Div. 2014)
Case details for

People v. Drake

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBIE J. DRAKE…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Feb 25, 2014

Citations

2014 N.Y. Slip Op. 64938 (N.Y. App. Div. 2014)