Opinion
June 4, 1985
Present — Dillon, P.J., Hancock, Jr., Denman, Green and Pine, JJ. (Order entered May 29, 1985.)
Motion to change venue of trial indictment from Oswego 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 Oswego 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. Di Piazza, 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.)