| THE PEOPLE V MICHAEL J. WELLS Indictment No: 5252 |
| Motion No: KA 09-01721 |
| Slip Opinion No: 2009 NY Slip Op 84165(U) |
| Decided on September 22, 2009 |
| 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 09-01721
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL J.
WELLS, DEFENDANT. Indictment No: 5252 |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Genesee County for the prosecution of indictment number 5252,
Now, upon reading and filing the affirmation of Thomas A. Burns, dated August 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Lawrence Friedman dated September 1, 2009, 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 Genesee 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: September 22, 2009
PATRICIA L. MORGAN, Clerk