Opinion
November 13, 1998
Present — Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.
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 Chautauqua 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 this application is premature ( see, People v. Scott, 197 A.D.2d 936; see also, People v. DiPiazza, 24 N.Y.2d 342; People v. Jacobsen, 170 A.D.2d 1043).