Opinion
KA 02-01734
October 1, 2002.
PRESENT: PINE, J.P., HAYES, WISNER, SCUDDER, AND LAWTON, JJ.
Motion for change of venue 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 Erie County (CPL 230.20). 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 A.D.2d 965; see also People v. DiPiazza, 24 A.D.2d 342).