| THE PEOPLE V JAMES KRAUSENECK, JR. |
| Motion No: KA 20-00372 |
| Slip Opinion No: 2020 NY Slip Op 68675(U) |
| Decided on July 10, 2020 |
| 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 20-00372
Indictment No: 2019-705
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JAMES KRAUSENECK, JR., DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from Supreme Court, Monroe County, for the prosecution of indictment number 2019-705,
Now, upon reading and filing the papers with respect to the motion, 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 [4th Dept 1997]).
Entered: July 10, 2020
Mark W. Bennett
Clerk of the Court