Opinion · Appellate Division of the Supreme Court of the State of New York
People v. Hatch
People v. Hatch, 46 A.D.2d 721 (Appellate Division of the Supreme Court of the State of New York 1974)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1974-10-18
- Topic
- general
Motion for change of venue denied. Memorandum: We conclude that petitioner-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 Oneida County (GPL 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. DiPiazza, 24 N Y 2d 342; People v.
Citator
- Cited by
- 38 opinions
Motion for change of venue denied. Memorandum: We conclude that petitioner-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 Oneida County (GPL 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. DiPiazza, 24 N Y 2d 342; People v. Sekou, 45 A D 2d 982). Present — Marsh, P. J., Cardamone, Simons, Goldman and Del Vecehio, JJ.