Opinion
KA 16-00895 Indictment No. 2016-0272-1
06-20-2016
PRESENT:
Defendant having moved pursuant to CPL 230.20 for a change of venue from Onondaga County Court for the prosecution of indictment number 2016-0272-1, and for other relief,
Now, upon reading and filing the affidavit of Michael J. Vavonese, Esq. sworn to May 24, 2016, and the affirmation of Jeremy P. Cali, Esq. dated May 31, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: We conclude that defendant has not met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Onondaga County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion is premature (People v Mateo, 239 AD2d 965).
Entered: June 20, 2016
Frances E. Cafarell, Clerk