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PEOPLE v. BOSS

261 A.D.2d 1 (1999)

701 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KENNETH BOSS, SEAN CARROLL, EDWARD McMELLON and RICHARD MURPHY, Defendants.

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

December 16, 1999.

Attorney(s) appearing for the Case

No appearances for plaintiffs or defendants.

LERNER, J. P., ANDRIAS, SAXE, BUCKLEY and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

The bedrock principle of our justice system is a defendant's right to be presumed innocent until found guilty at a fair and impartial trial. A pretrial change of venue for the purpose of protecting the right to a fair trial is an extraordinary remedy reserved for the rarest of cases. The case of the four police officers accused of murdering Amadou Diallo is that rare case.

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