Legal Opinion

People v. Barsuk

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2000Published

1Opinion of the Court

—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 Genesee County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate motion can then be made. The relief requested in the motion is premature (see, People v Mateo, 239 AD2d 965; see also, People v DiPiazza, 24 NY2d 342). Present — Pine, J. P., Hayes, Wisner, Hurlbutt and Balio, JJ. (Filed Sept. 15, 2000.)

2Cases cited2 opinions

  1. People v. DiPiazzaNew York Court of Appeals · 1969
  2. People v. MateoAppellate Division of the Supreme Court of the State of New York · 1997