General
The People of the State of New York, Plaintiff, v. Walter Casper, III, Defendant
274 A.D.2d 976711 N.Y.S.2d 819·New York Supreme Court, Appellate Division·2000·NY
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Opinion
The People of the State of New York, Plaintiff, v Walter Casper, III, Defendant.
[711 NYS2d 819]
[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 Ontario 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 application is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pigott, Jr., P. J., Green, Pine, Wisner and Scudder, JJ.