
    (September 19, 1980)
    The People of the State of New York, Plaintiff, v Gerald Smith, James Roberts, Sr., and Lawrence Dormer, Defendants.
   Motion for change of venue denied. Memorandum: We conclude that defendants have not on this application met their burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had” in Niagara County (CPL 230.20, subd 2). 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 Di Piazza, 24 NY2d 342; People v Hatch, 46 AD2d 721; People v Sekou, 45 AD2d 982, app dsmd 35 NY2d 844.) We note, however, that under the circumstances of this case, the retrial should be held at a Trial Term in Niagara Falls. Present—Dillon, P. J., Schnepp, Callahan, Doerr and Witmer, JJ.  