Legal Opinion

People v. Lafferty

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

Decided November 15, 1988PublishedCited by 1 opinion

1Opinion of the Court

Motion to change venue from Chautauqua County 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 the application before us now is premature. (See, People v DiPiazza, 24 NY2d 342; People v Carlson, 143 AD2d 542; People v Simmons, 132 AD2d 1009; People v Oakes,…

2Cases cited5 opinions

  1. People v. DiPiazzaNew York Court of Appeals · 1969
  2. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. OakesAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. People v. KroemerAppellate Division of the Supreme Court of the State of New York · 1989

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