Opinion
July 10, 1987
Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.
Motion to change venue of trial of indictment from Erie County 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 Erie 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.)