| THE PEOPLE V ERIC GARDNER |
| Motion No: KA 13-01050 |
| Slip Opinion No: 2013 NY Slip Op 78360(U) |
| Decided on June 24, 2013 |
| 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 13-01050
Indictment No. 13C-0040
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ERIC GARDNER, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Oswego County Court for the prosecution of indictment number 13C-0040,
Now, upon reading and filing the affirmation of I. Aurora Flores, Esq., dated June 10, 2013, 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 Oswego 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: June 24, 2013
Frances E. Cafarell, Clerk