People v. Scott
Appellate Division of the Supreme Court of the State of New York
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 Onondaga 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 the application before us now is premature (see, People v Scott, 193 AD2d 1145; see also, People v DiPiazza, 24 NY2d 342; People v Jacobsen, 170 AD2d 1043). Present—Den-man, P. J.,…
2Cases cited3 opinions
- People v. DiPiazzaNew York Court of Appeals · 1969
- People v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 opinions
- People v. MateoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ChinnAppellate Division of the Supreme Court of the State of New York · 1996
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ThibodeauAppellate Division of the Supreme Court of the State of New York · 1995
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