Legal Opinion

People v. Oakes

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

Decided May 22, 1987PublishedCited by 3 opinions

1Opinion of the Court

Motion to change venue of trial of indictment from Jefferson 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 Jefferson 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 Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982,…

2Cases cited3 opinions

  1. People v. DiPiazzaNew York Court of Appeals · 1969
  2. People v. HatchAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. SekouAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by3 opinions

  1. People v. KroemerAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. LaffertyAppellate Division of the Supreme Court of the State of New York · 1988

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