| People v Mustari, Robert |
| Motion No: 2021-04910 |
| Slip Opinion No: 2021 NY Slip Op 71137(U) |
| Decided on September 8, 2021 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M279054
E/mb
WILLIAM F. MASTRO, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2021-04910 The People, etc., plaintiff, v Robert Mustari, defendant. (Ind. No. 14/2021)
| DECISION & ORDER ON MOTION |
Motion by the defendant for a change of venue of the trial of Richmond County Indictment No. 14/2021 from Richmond County to another county.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew upon a demonstration that there has arisen during voir dire proceedings reasonable cause to believe that a fair and impartial trial cannot be had in Richmond County (see CPL 230.20[2]; People v Boudin, 97 AD2d 84; People v Boudin, 95 AD2d 463).
MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court