People v. Quartararo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
In a criminal case, a change of venue will be warranted as a matter of due process (US Const 14th Amend; NY Const, art I, § 6), when it is proved that the assembly of an impartial jury in the venue to which a transfer is sought is possible, whereas the assembly of an impartial jury in the original venue is not. The propriety of this remedy does not hinge solely on proof of the extent to which the original venue has been saturated with pretrial publicity. Instead, the propriety of this remedy hinges on proof of the extent to which, as between the original…
2Cases cited44 opinions
- People v. ContesNew York Court of Appeals · 1983
- Irvin v. DowdSupreme Court of the United States · 1961
- Smith v. PhillipsSupreme Court of the United States · 1982
- Sheppard v. MaxwellSupreme Court of the United States · 1966
- Reynolds v. United StatesSupreme Court of the United States · 1879
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3Cited by7 opinions
- Thomas Ryan v. David H. Miller, Superintendent, Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- Quartararo v. HanslmaierCourt of Appeals for the Second Circuit · 1999
- Quartararo v. CattersonDistrict Court, E.D. New York · 1996
- People ex rel. Quartararo v. DemskieAppellate Division of the Supreme Court of the State of New York · 1997
- Quartararo v. HanslmaierDistrict Court, E.D. New York · 1998
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