Legal Opinion

People v. Williams

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

Decided November 13, 1998Published

1Opinion of the Court

—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 Chautauqua 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 this application is premature (see, People v Scott, 197 AD2d 936; see also, People v DiPiazza, 24 NY2d 342; People v Jacobsen, 170 AD2d 1043). Present— Pine, J. P., Hayes, Wisner,…

2Cases cited3 opinions

  1. People v. DiPiazzaNew York Court of Appeals · 1969
  2. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1991

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