Opinion
KA 17-01702 Indictment No. 17-95
10-24-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ALVIN RAY PINKARD, SR., DEFENDANT.
PRESENT:
Defendant having moved pursuant to CPL 230.20 for a change of venue from Wayne County Court for the prosecution of indictment number 17-95,
Now, upon reading and filing the affidavits of Alvin R. Pinkard sworn to October 3, 2017 and September 19, 2017, the affirmation of Christopher Bokelman, Esq. dated September 22, 2017, 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 Wayne 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 [4th Dept. 1997]).
Entered: October 24, 2017
Mark W. Bennett, Clerk