Opinion
December 6, 1973
Present — Goldman, P.J., Marsh, Witmer, Cardamone and Simons, JJ. (Order entered Dec. 3, 1973.)
Motion for change of venue denied. Memorandum: On this application it does not appear that a fair jury cannot be obtained upon a trial in Chautauqua County; and at this time we deem the motion premature (see People v. DiPiazza, 24 N.Y.2d 342, 346-348; People v. Lynch, 23 N.Y.2d 262, 272).