General
The People of the State of New York, Plaintiff, v. Jose Santiago, Defendant
267 A.D.2d 1105700 N.Y.S.2d 881·New York Supreme Court, Appellate Division·1999·NY
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Opinion
The People of the State of New York, Plaintiff, v Jose Santiago, Defendant.
[700 NYS2d 881]
[MAJORITY]
—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 Monroe County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the application is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present— Green, J. P., Hayes, Pigott, Jr., Hurlbutt and Callahan, JJ.