| PEOPLE V DENNIS DONOHUE |
| Motion No: KA 08-00200 |
| Slip Opinion No: 2008 NYSlipOp 64982(U) |
| Decided on February 26, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-00200
Indictment No: 02222-2007
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS
DONOHUE, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Erie County for the prosecution of indictment number 02222-2007,
Now, upon reading and filing the affirmation of Joseph A. Agro, dated January 25, 2008, the notice of motion with proof of service thereof, the affidavit of Michael J. Hillery, sworn to February 20, 2008, 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 Erie 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: February 26, 2008
JoAnn M. Wahl, Clerk