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People v. Horner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 747 (N.Y. App. Div. 1984)

Opinion

March 6, 1984

Present — Dillon, P.J., Denman, Boomer, O'Donnell and Schnepp, JJ.


Motion to change venue of trial of indictment from Genesee County denied. Memorandum: We conclude that defendant has not on this application met her burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Genesee County (CPL 230.20, subd 2). If it develops during 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 Hatch, 46 A.D.2d 721; People v Sekou, 45 A.D.2d 982, app. dsmd. 35 N.Y.2d 844.)


Summaries of

People v. Horner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 6, 1984
100 A.D.2d 747 (N.Y. App. Div. 1984)
Case details for

People v. Horner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CLARA HORNER, Defendant

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

Date published: Mar 6, 1984

Citations

100 A.D.2d 747 (N.Y. App. Div. 1984)