People v. Harris
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 Livingston 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 Miodov, 162 AD2d 1059). Present—Callahan, J. P., Doerr, Boomer, Pine and Lawton, JJ. (Order…
2Cases cited2 opinions
- People v. DiPiazzaNew York Court of Appeals · 1969
- People v. MiodovAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- People v. JacobsenAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ArcadipaneAppellate Division of the Supreme Court of the State of New York · 1992