Opinion
Motion No. KA 23-01768 Indictment No. 73292-22/001
11-28-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LONDARR WARD, DEFENDANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
Defendant having moved pursuant to CPL 230.20 for a change of venue from the Supreme Court, Erie County, for the prosecution of indictment number 73292-22/001, Now, upon reading and filing the papers with respect to the motion, 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 Erie 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 A.D.2d 965 [4th Dept 1997]).