| THE PEOPLE V LETICIA ASTACIO |
| Motion No: KA 19-00016 |
| Slip Opinion No: 2019 NY Slip Op 62882(U) |
| Decided on January 14, 2019 |
| 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
KA 19-00016
Indictment No. 18-0822
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LETICIA
ASTACIO, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Supreme Court, Monroe County, for the prosecution of indictment number 18-0822,
Now, upon reading and filing the affirmation of Mark A. Foti, Esq., dated December 28, 2018, the notice of motion with proof of service thereof, the affirmation of Mark Sinkiewicz, Esq., dated January 3, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: Under the particular circumstances presented, we conclude that there is reasonable cause to believe that a fair and impartial jury cannot now be drawn in Monroe County. The venue of this indictment should be changed to Onondaga County (see People v Pardo, 107 AD2d 1090 [4th Dept 1985]; People v Acomb, 94 AD2d 978 [4th Dept 1983]).
Entered: January 14, 2019
Mark W. Bennett, Clerk