| THE PEOPLE V DEBORAH AGUIRRE-KERWIN |
| Motion No: KA 13-01975 |
| Slip Opinion No: 2013 NY Slip Op 93029(U) |
| Decided on December 4, 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 13-01975
Indictment No. 2013-068
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DEBORAH AGUIRRE-KERWIN, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Lewis County Court for the prosecution of indictment number 2013-068,
Now, upon reading and filing the affirmation of Jill F. Spielmann, Esq. dated November 6, 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 her burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Lewis 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: December 4, 2013
Frances E. Cafarell, Clerk