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PEOPLE v. QUARTARARO

200 A.D.2d 160 (1994)

The People of the State of New York, Respondent, v. Michael Quartararo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1994

Attorney(s) appearing for the Case

Michael Quartararo, pro se, and James A. Cohen, New York City (Joanne Cicala, Jack Dennehy and Kevin Puvalowski on the brief), for Michael Quartararo, appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Mark D. Cohen, Steven A. Hovani, Patricia A. Murphy, Glenn Green and Patricia M. Filberto of counsel), for respondent.

JOY, HART and FRIEDMANN, JJ., concur.

BRACKEN, J. P.

In a criminal case, a change of venue will be warranted as a matter of due process (US Const 14th Amend; NY Const, art I, § 6), when it is proved that the assembly of an impartial jury in the venue to which a transfer is sought is possible, whereas the assembly of an impartial jury in the original venue is not. The propriety of this remedy does not hinge solely on proof of the extent to which...

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