| THE PEOPLE V ROBIE J. DRAKE Indictment No. 7205 |
| Motion No: KA 14-00211 |
| Slip Opinion No: 2014 NY Slip Op 64938(U) |
| Decided on February 25, 2014 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 14-00211
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ROBIE J. DRAKE, DEFENDANT. Indictment No. 7205 |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Niagara County Court for the prosecution of indictment number 7205,
Now, upon reading and filing the affidavit of Joseph G. Frazier, Esq. sworn to January 29, 2014, and the affidavit of Thomas H. Brandt, Esq. sworn to February 7, 2014, 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 Niagara 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: February 25, 2014
Frances E. Cafarell, Clerk