| PEOPLE V LEO T. CONNOLLY |
| Motion No: KA 07-02205 |
| Slip Opinion No: 2007 NYSlipOp 84706(U) |
| Decided on November 28, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KA 07-02205
Indictment No: 07-066
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEO T.
CONNOLLY, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Seneca County for the prosecution of indictment number 07-066,
Now, upon reading and filing the affirmation of Robert A. Napier, dated October 22, 2007, the notice of motion with proof of service thereof, the supplemental affirmation of Robert A. Napier, dated October 30, 2007, the opposing affidavit of R. Michael Tantillo, sworn to November 2, 2007, the reply affirmation of Robert A. Napier filed November 2, 2007, the supplemental affirmation of Robert A. Napier, dated November 9, 2007, the supplemental affidavit of R. Michael Tantillo, sworn to November 14, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
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 Seneca County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion is premature (People v Mateo, 239 AD2d 965).
Entered: November 28, 2007
JoAnn M. Wahl, Clerk