Legal Opinion
People v. Kroemer
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1989PublishedCited by 3 opinions
1Opinion of the Court
Motion to change venue from Ontario 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 *1050impartial trial cannot be had” in Ontario 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 Lafferty, 144 AD2d 1038; People v Carlson, 143 AD2d 542; People v Simmons, 132…
2Cases cited6 opinions
- People v. DiPiazzaNew York Court of Appeals · 1969
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1987
- People v. OakesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1987
- People v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
- People v. MiodovAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ConteAppellate Division of the Supreme Court of the State of New York · 1989
- People v. KobersteinAppellate Division of the Supreme Court of the State of New York · 1989