People v. Scott
Appellate Division of the Supreme Court of the State of New York
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 Onondaga 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 Jacobsen, 170 AD2d 1043). Furthermore, pursuant to section 701 of the County Law, we do not…
2Cases cited2 opinions
- People v. DiPiazzaNew York Court of Appeals · 1969
- People v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1993