People v. Archie

The defendant moves for a change of venue of this action from Albany County to Niagara County, upon the ground that the county designated is not the proper county and on the further ground that the convenience of material witnesses and the ends of justice will be promoted by the change.

The defendant served a demand under CPLE 511 and the plaintiff did not file an answering affidavit as provided in said rule. The defendant then brought the present motion.

The first problem to be determined is whether or not the Special Term of Erie County is a proper county to hear this motion, In other words,…