Opinion
July 12, 1989
Present — Doerr, J.P., Denman, Boomer, Pine and Davis, JJ.
Motion to change venue from Oneida 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 Oneida County (CPL 230.20). 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 Kroemer, 151 A.D.2d 1049, and cases cited therein).