Opinion
May 30, 1997
Present — Green, J.P., Lawton, Callahan, Doerr and Fallon, JJ.
Motion for change of venue denied. Memorandum: We conclude that defendant has not on this application met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Monroe County (CPL 230.20). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate application may then be made. The relief requested in the application before us now is premature ( see, People v. Scott, 197 A.D.2d 936; see generally, People v. DiPiazza, 24 N.Y.2d 342).