Civil Procedure · MBE-tested

The People of the State of New York, Plaintiff, v. Harold Pointer, Defendant

63 A.D.2d 828·New York Supreme Court, Appellate Division·1978·NY

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Opinion

The People of the State of New York, Plaintiff, v Harold Pointer, Defendant. [MAJORITY] Motion for change of venue denied. 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 Erie County (CPL 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 Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844). Present—Marsh, P. J., Cardamone, Dillon, Hancock, Jr., and Witmer, JJ. (Order entered May 15, 1978.)