Opinion
May 28, 1993
Present — Callahan, J.P., Balio, Lawton, Boomer and Davis, JJ. (Filed May 24, 1993.)
Motion for change of venue 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). 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 Jacobsen, 170 A.D.2d 1043). Furthermore, pursuant to section 701 County of the County Law, we do not have the authority to appoint a special prosecutor.