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THE PEOPLE OF THE STATE OF NEW YORK, v. SANTOS RIVERA et al., Defendants.

Motion to change venue of trial of indictment from Oneida County denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Oneida County (CPL 230.20). 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 N.Y.2d 342; People v. Hatch, 46 A.D.2d 721; People v Sekou, 45 A.D.2d 982, appeal dismissed 35 N.Y.2d 844.)

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PEOPLE v. RIVERA
(May 22, 1987)