Opinion
Motion No: KA 12-00837 2011-0820 2011-0866 Indictment Nos: 2010-1065 2011-0944
05-22-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ERIC MAGIN, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 230.20 for a change of venue from Monroe County for the prosecution of indictment numbers 2010-1065, 2011-0820, 2011-0866, and 2011-0944,
Now, upon reading and filing the affirmation of Jon Griffin, Esq., dated April 27, 2012, the notice of motion with proof of service thereof, the affirmation of Geoffrey Kaeuper, Esq. dated May 7, 2012, 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 Monroe 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).
Frances E. Cafarell, Clerk