| THE PEOPLE V EMERSON TOHAFJIAN |
| Motion No: KA 18-02025 |
| Slip Opinion No: 2018 NY Slip Op 90297(U) |
| Decided on November 30, 2018 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 18-02025
Indictment No. 2018-076
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EMERSON
TOHAFJIAN, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Seneca County Court for the prosecution of indictment number 2018-076,
Now, upon reading and filing the affirmation of Francis Ciardi, Esq., dated October 19, 2018, the notice of motion with proof of service thereof, the affirmation of Barry Porsch, Esq., dated October 26, 2018, 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 Seneca 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 [4th Dept 1997]).
Entered: November 30, 2018
Mark W. Bennett, Clerk