| THE PEOPLE V MATTHEW ANTHONY TOWNSEND |
| Motion No: KA 12-00054 |
| Slip Opinion No: 2012 NY Slip Op 62324(U) |
| Decided on January 25, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00054
Indictment No: 11-0062
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MATTHEW
ANTHONY TOWNSEND, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Monroe County for the prosecution of indictment number 11-0062,
Now, upon reading and filing the affidavit of Paul J. Vacca, Jr., Esq., sworn to January 5, 2012, the notice of motion with proof of service thereof, the affirmation of Julie M. Hahn, Esq. dated January 18, 2012, 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 Monroe 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: January 25, 2012
Frances E. Cafarell, Clerk