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PEOPLE v. JOHNSON

281 A.D.2d 992 (2001)

727 N.Y.S.2d 364

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VICTOR JOHNSON, Defendant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Motion for change of venue denied with leave to renew.

Memorandum:

We conclude that defendant has not met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Niagara County (CPL 230.20 [2]). If it develops during voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application is premature (see, People v Mateo...

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