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People v. Murray

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1985
107 A.D.2d 1090 (N.Y. App. Div. 1985)

Opinion

January 29, 1985

Present — Dillon, P.J., Denman, Boomer, Green and O'Donnell, JJ. (Order entered Jan. 25, 1985.)


Motion to change venue of trial of indictment from Onondaga 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 Onondaga 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. 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. Murray

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1985
107 A.D.2d 1090 (N.Y. App. Div. 1985)
Case details for

People v. Murray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK v. ROBIN MURRAY, Defendant

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

Date published: Jan 29, 1985

Citations

107 A.D.2d 1090 (N.Y. App. Div. 1985)