People v. Mustari

• Decision Date: 08 September 2021
• Docket Number: Ind. No. 14/2021,Motion 2021-04910
• Citation: 2021 NY Slip Op 71137 (U)
• Parties: The People, etc., plaintiff, v. Robert Mustari, defendant. Ind. No. 14/2021
• Court: New York Supreme Court

2021 NY Slip Op 71137(U)

The People, etc., plaintiff, v. Robert Mustari, defendant.

Supreme Court of New York, Second Department

September 8, 2021

Unpublished Opinion

MOTION DECISION

WILLIAM F. MASTRO, J.P., PAUL WOOTEN, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.

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 A.D.2d 84; People v Boudin, 95 A.D.2d 463).

MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.