People v. Goldswer

The defendant, indicted in Schoharie County, was tried and convicted in Warren County. He claims that under the State and Federal Constitutions he should have been tried by a jury of Schoharie County, where the crimes were allegedly committed. The case had been transferred upon application of the prosecutor. The primary question on this appeal concerns the constitutionality of CPL 230.20 (subd 2) which permits the Appellate Division to change venue upon application of the prosecutor when there is "reasonable cause to believe that a fair and impartial trial cannot be had in” the county where…