Legal Opinion

People v. Chinn

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

Decided September 27, 1996PublishedCited by 1 opinion

1Opinion of the Court

Motion for a change of venue denied. Memorandum: On this motion for a change of venue, we conclude that defendant has not 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 voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may be made at that time. The relief requested is premature (see, People v Thibodeau, 219 AD2d 883; People v Scott, 197 AD2d 936). Present—Green, J. P., Pine, Callahan, Davis and Boehm, JJ.

2Cases cited2 opinions

  1. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. ThibodeauAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. People v. BrockwayAppellate Division of the Supreme Court of the State of New York · 1998