Legal Opinion

People v. Mateo

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

Decided May 30, 1997PublishedCited by 14 opinions

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 Monroe 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, 197 AD2d 936; see generally, People v DiPiazza, 24 NY2d 342). Present— Green, J. P., Lawton, Callahan, Doerr and Fallon,…

2Cases cited2 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

3Cited by14 opinions

  1. People v. BrockwayAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. HardyAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. BarsukAppellate Division of the Supreme Court of the State of New York · 2000

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