Legal Opinion

People v. Acomb

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

Decided April 1, 1983Published

1Opinion of the Court

— Motion to change venue of trial of indictment from Livingston County denied. Memorandum: We conclude that the 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 Livingston County (CPL 230.20, subd 2). If it develops during 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…

2Cases cited4 opinions

  1. People v. DiPiazzaNew York Court of Appeals · 1969
  2. People v. HatchAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. SekouAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. SekouNew York Court of Appeals · 1974

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