Opinion
October 18, 1974
Present — Marsh, P.J., Cardamone, Simons, Goldman and Del Vecchio, JJ.
Motion for change of venue denied. Memorandum: We conclude that petitioner-defendant has not on this application met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Oneida County (CPL 230.20, subd. 2). If it develops during the voir dire that a fair and impartial jury cannot be drawn an appropriate application may then be made. The relief requested in the application before us now is premature (see People v. DiPiazza, 24 N.Y.2d 342; People v. Sekou, 45 A.D.2d 982).