Civil Procedure · MBE-tested

The People of the State of New York, v. Theodore Simmons, Defendant

132 A.D.2d 1009·New York Supreme Court, Appellate Division·1987·NY

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Opinion

The People of the State of New York, v Theodore Simmons, Defendant. [MAJORITY] Motion to change venue of trial of indictment from Erie County denied. Memorandum: We conclude that defendants have not on this application met their 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 [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 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, appeal dismissed 35 NY2d 844.) Present —Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.