Opinion
October 24, 1980
Present — Dillon, P.J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.
Motion for change of venue denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Steuben 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. Di Piazza, 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.) The trial should be held in a courthouse other than the one at Bath.