Opinion
September 27, 1985
Present — Dillon, P.J., Callahan, Denman, Boomer and Pine, JJ. (Order entered Sept. 5, 1985.)
Motion to change venue of trial of indictment from Jefferson 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 Jefferson 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 Hatch, 46 A.D.2d 721; People v Sekou, 45 A.D.2d 982, appeal dismissed 35 N.Y.2d 844. )