| THE PEOPLE V LONDARR WARD |
| Motion No: KA 23-01768 |
| Slip Opinion No: 2023 NY Slip Op 77931(U) |
| Decided on November 28, 2023 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 23-01768
Indictment No. 73292-22/001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LONDARR
WARD, DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from the Supreme Court, Erie County, for the prosecution of indictment number 73292-22/001,
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 Erie 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 28, 2023
Ann Dillon Flynn
Clerk of the Court