| THE PEOPLE V ERIC MAGIN |
| Motion No: KA 12-00837 |
| Slip Opinion No: 2012 NY Slip Op 74190(U) |
| Decided on May 22, 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 12-00837
Indictment Nos: 2010-1065
2011-0820
2011-0866
2011-0944
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC MAGIN,
DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Monroe County for the prosecution of indictment numbers 2010-1065, 2011-0820, 2011-0866, and 2011-0944,
Now, upon reading and filing the affirmation of Jon Griffin, Esq., dated April 27, 2012, the notice of motion with proof of service thereof, the affirmation of Geoffrey Kaeuper, Esq. dated May 7, 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: May 22, 2012
Frances E. Cafarell, Clerk