Opinion
October 29, 1982
Present — Dillon, P.J., Callahan, Denman, Boomer and Schnepp, JJ.
Motion to change venue of trial of indictment from Ontario County denied. Memorandum: We conclude that 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 Ontario 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. Di Piazza, 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.)