THE PEOPLE V RYAN LAWRENCE
Motion No: KA 16-00895
Slip Opinion No: 2016 NY Slip Op 77457(U)
Decided on June 20, 2016
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.


June 20, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-00895
Indictment No. 2016-0272-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RYAN LAWRENCE, DEFENDANT.


Defendant having moved pursuant to CPL 230.20 for a change of venue from Onondaga County Court for the prosecution of indictment number 2016-0272-1, and for other relief,

Now, upon reading and filing the affidavit of Michael J. Vavonese, Esq. sworn to May 24, 2016, and the affirmation of Jeremy P. Cali, Esq. dated May 31, 2016, 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 Onondaga 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 20, 2016

Frances E. Cafarell, Clerk