| THE PEOPLE V RONALD J. DELP |
| Motion No: KA 10-01734 |
| Slip Opinion No: 2010 NY Slip Op 82434(U) |
| Decided on September 14, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-01734
Indictment No: 2010-181
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RONALD J.
DELP, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Niagara County for the prosecution of indictment number 2010-181.
Now, upon reading and filing the affirmation of Phillip A. Thielman, Esq., dated August 20, 2010 the notice of motion with proof of service thereof, the affirmation of Elizabeth R. Donatello, Esq. dated August 31, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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 Niagara 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 14, 2010
Patricia L. Morgan, Clerk