| THE PEOPLE V SCOTT S. ZIMMER |
| Motion No: KA 13-01218 |
| Slip Opinion No: 2013 NY Slip Op 80002(U) |
| Decided on July 17, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
KA 13-01218
Indictment No. 2013-185
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SCOTT S. ZIMMER, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Oneida County Court for the prosecution of indictment number 2013-185,
Now, upon reading and filing the affidavit of Ricardo J. Mauro, Esq. sworn to July 3, 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 Oneida 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: July 17, 2013
Frances E. Cafarell, Clerk