People v. Garrasi

Full title: PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, v. SALVATORE GARRASI, DEFENDANT

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

Date published: Nov 12, 1999

266 A.D.2d 934 (N.Y. App. Div. 1999)

697 N.Y.S.2d 536

Opinion

November 12, 1999

PRESENT: PINE, J. P., LAWTON, HAYES, 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 Erie County (see, CPL 230.20). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The request for relief is premature (see, People v. Mateo, 239 A.D.2d 965; see generally, People v. DiPiazza, 24 N.Y.2d 342).