THE PEOPLE V DANTE TAYLOR
Motion No: KA 14-01495
Slip Opinion No: 2014 NY Slip Op 83095(U)
Decided on September 10, 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.


September 10, 2014

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 14-01495
Indictment No. 13-76

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DANTE TAYLOR, DEFENDANT.


Defendant having moved pursuant to CPL 230.20 for a change of venue from Wayne County Court for the prosecution of indictment number 13-76,

Now, upon reading and filing the affirmation of Joseph S. Damelio, Esq. dated August 21, 2014, and the affirmation of Christopher Bokelman, Esq. dated August 26, 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 Wayne 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: September 10, 2014

Frances E. Cafarell, Clerk