| THE PEOPLE V HADI MATAR |
| Motion No: KA 24-01567 |
| Slip Opinion No: 2024 NY Slip Op 77209(U) |
| Decided on October 17, 2024 |
| 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, AND BANNISTER, JJ.
KA 24-01567
Indictment No: 70563-22
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HADI MATAR,
DEFENDANT. |
Defendant having moved pursuant to CPL 230.20 for a change of venue from the Chautauqua County Court for the prosecution of Indictment No. 70563-22,
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 Chautauqua County (CPL 230.20 [2]). If it develops during 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: October 17, 2024
Ann Dillon Flynn
Clerk of the Court