TABLE OF CONTENTS

1. Caption
2. Motion for Removal of Action / Change of Venue
3. Statement of Facts
4. Grounds for Removal / Change of Venue
   - A. Pretrial Publicity
   - B. Community Prejudice
   - C. Convenience of Parties and Witnesses
   - D. Safety Concerns
5. Constitutional Basis
6. Statutory Authority
7. Factors for Court Consideration
8. Proposed Alternative Venue
9. Supporting Affidavits and Evidence
10. Conclusion and Prayer for Relief
11. Proposed Order
12. Certificate of Service

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION, [____] DEPARTMENT

or

SUPREME COURT OF THE STATE OF NEW YORK

[________________] COUNTY

MOTION FOR REMOVAL OF ACTION / CHANGE OF VENUE

NOTICE IS HEREBY GIVEN that the Defendant, [DEFENDANT FULL LEGAL NAME], by and through [his/her/their] attorney, [DEFENSE ATTORNEY NAME], of [LAW FIRM NAME], will move this Honorable Court for an Order removing the above-captioned action from [________________] County [County Court / Supreme Court] to a designated superior court in another county, or in the alternative, for an Order expanding the jury pool to encompass prospective jurors from geographically contiguous counties, pursuant to N.Y. Crim. Proc. Law Article 230.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

1. The Defendant was indicted by the [________________] County Grand Jury on [__/__/____] and charged with [CHARGES AND STATUTORY CITATIONS].

2. The alleged offense(s) occurred on or about [__/__/____] in [________________] County, New York.

3. The case is currently pending in [________________] County [County Court / Supreme Court] before the Honorable [________________].

4.

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR REMOVAL / CHANGE OF VENUE

A. Pretrial Publicity

5. The above-captioned matter has received extensive and prejudicial pretrial publicity in [________________] County, including but not limited to:

☐ Television news coverage on [STATION(S)] on the following dates: [________________________________]

☐ Newspaper articles published in [PUBLICATION(S)] on the following dates: [________________________________]

☐ Radio broadcasts on [STATION(S)] on the following dates: [________________________________]

☐ Online media coverage and social media discussion, including: [________________________________]

☐ Other forms of publicity: [________________________________]

6. The nature and extent of such publicity has been [inflammatory/prejudicial/pervasive] and has included.

[________________________________]

7. Due to the population and media saturation of [________________] County (approximately [____] residents), it is virtually impossible to empanel an impartial jury from within the county.

B. Community Prejudice

8. Good cause exists for removal of this action because the community of [________________] County harbors such prejudice against the Defendant that a fair trial cannot be had, as demonstrated by:

☐ Public statements made by community leaders or officials: [________________________________]

☐ Organized community actions against the Defendant: [________________________________]

☐ Social media campaigns or petitions: [________________________________]

☐ The nature of the alleged victim's standing in the community: [________________________________]

☐ Other demonstrations of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

9. Removal of this action would serve the convenience of the parties and witnesses and promote the interests of justice because:

☐ The majority of defense witnesses reside in [________________] County.

☐ Key evidence is located in [________________] County.

☐ Travel to the current venue imposes an undue burden on: [________________________________]

☐ Other convenience factors: [________________________________]

D. Safety Concerns

10. Removal of this action is necessary to ensure the safety and security of the Defendant, counsel, witnesses, jurors, and/or court personnel because:

☐ Threats have been made against the Defendant: [________________________________]

☐ Threats have been made against defense counsel or witnesses: [________________________________]

☐ Public demonstrations have occurred at or near the courthouse: [________________________________]

☐ Law enforcement has expressed security concerns: [________________________________]

III. CONSTITUTIONAL BASIS

11. The Sixth Amendment to the United States Constitution guarantees the Defendant the right to a trial "by an impartial jury of the State and district wherein the crime shall have been committed."

12. The Fourteenth Amendment to the United States Constitution guarantees the Defendant the right to due process of law, which includes the right to a fair trial before an impartial jury.

13. Article I, Section 2 of the New York Constitution guarantees the right to trial by jury in all cases in which it has heretofore been guaranteed.

14. The United States Supreme Court has recognized that when pretrial publicity or community prejudice is so pervasive as to render a fair trial impossible, a change of venue is constitutionally required. Sheppard v. Maxwell, 384 U.S. 333 (1966); Irvin v. Dowd, 366 U.S. 717 (1961).

IV. STATUTORY AUTHORITY

15. N.Y. Crim. Proc. Law § 230.20(1) provides that the Appellate Division, upon motion of either the defendant or the People, may, for good cause shown, order removal of the indictment and action from the county court to the supreme court, or from such superior court to a designated superior court in another county.

16. N.Y. Crim. Proc. Law § 230.20(1) also authorizes the court to order that the commissioner of jurors expand the pool of jurors to encompass prospective jurors from geographically contiguous counties within the judicial district, as an alternative to full removal.

17. N.Y. Crim. Proc. Law § 230.20(2) requires that motions under this section must be based upon papers stating the grounds therefor, made within the period provided by CPL § 255.20, and upon five days' notice with service of moving papers upon the district attorney.

18. N.Y. Crim. Proc. Law § 230.30 provides that a justice may stay the trial for up to thirty days to allow the applicant to make a motion for removal or change of venue.

19. The "good cause" standard under CPL § 230.20 encompasses situations where pretrial publicity or community prejudice makes it unlikely that a fair and impartial jury can be empaneled. People v. Boss, 261 A.D.2d 1 (1st Dep't 1999).

V. FACTORS FOR COURT CONSIDERATION

20. New York courts consider the following factors in evaluating a motion for removal/change of venue:

☐ The nature and extent of pretrial publicity
☐ Whether the publicity is inflammatory or merely factual
☐ The size of the community and the degree of publicity saturation
☐ The length of time between the publicity and the trial
☐ The difficulty or ease of jury selection
☐ The severity and notoriety of the charged offense(s)
☐ Whether the publicity contains information not admissible at trial
☐ Whether public officials have made prejudicial statements
☐ Whether less drastic alternatives (e.g., expanded jury pool, continuance) would be adequate

21. Application of these factors to the present case demonstrates: [________________________________]

VI. PROPOSED ALTERNATIVE VENUE

22. The Defendant respectfully proposes that this matter be removed to [________________] County [Supreme Court / County Court], New York.

23. The proposed venue is appropriate because:

☐ It is sufficiently distant from [________________] County to minimize the impact of pretrial publicity.
☐ The proposed county has not experienced the same degree of media coverage or community prejudice.
☐ The proposed county has adequate courtroom facilities and resources.
☐ The proposed county is reasonably accessible to the parties, witnesses, and counsel.
☐ Removal to this venue would serve the interests of justice.

24. In the alternative, the Defendant requests that the Court order the Commissioner of Jurors to expand the jury pool to encompass prospective jurors from the following geographically contiguous counties: [________________________________].

25. In the further alternative, the Defendant requests that the Court select an appropriate venue free from the prejudice described herein.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

26. In support of this Motion, the Defendant submits the following:

☐ Exhibit A: Affidavit of [DEFENDANT / DEFENSE COUNSEL] regarding grounds for removal
☐ Exhibit B: Copies of media articles and news reports concerning this case
☐ Exhibit C: Screenshots or printouts of social media posts and online commentary
☐ Exhibit D: Affidavit(s) of community members regarding local sentiment
☐ Exhibit E: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit F: Documentation of threats or safety concerns
☐ Exhibit G: [OTHER SUPPORTING DOCUMENTATION]

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Removal of Action / Change of Venue;
2. Order removal of the above-captioned matter to [________________] County, New York, or such other county as the Court deems appropriate;
3. In the alternative, order the Commissioner of Jurors to expand the jury pool to encompass prospective jurors from geographically contiguous counties;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], New York [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION, [____] DEPARTMENT

Upon the motion of the Defendant for an order of removal pursuant to CPL § 230.20, and upon reading the moving papers, affidavits, and exhibits attached thereto, and due deliberation having been had thereon:

IT IS HEREBY ORDERED that the Defendant's Motion for Removal of Action is GRANTED.

IT IS FURTHER ORDERED that the indictment and all proceedings in the above-captioned matter are hereby removed from [________________] County [Court] to the [________________] County [Supreme Court / County Court] for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of the [________________] County [Court] shall transmit certified copies of all papers and proceedings in this case to the Clerk of the receiving court.

DATED this [__/__/____].

_________________________________________
Honorable [________________]
[Justice of the Appellate Division / Justice of the Supreme Court]

CERTIFICATE OF SERVICE

I hereby certify that on the [__/__/____], I served a true and correct copy of the foregoing MOTION FOR REMOVAL OF ACTION / CHANGE OF VENUE and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing/Service (via NYSCEF)
☐ Facsimile

[PROSECUTOR NAME]
[COUNTY] County District Attorney's Office
[ADDRESS LINE 1]
[CITY], New York [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

NEW YORK STATE PRACTICE NOTES

• Terminology: In New York criminal practice, what is commonly called "change of venue" is termed "removal of action" under CPL Article 230. The terms are used interchangeably in practice.
• Appellate Division Motion: Under CPL § 230.20, the motion is properly directed to the Appellate Division of the department where the indictment is pending, although a Supreme Court Justice in the district may also consider it.
• Good Cause Standard: The movant must show "good cause" for removal, a flexible standard that encompasses pretrial publicity, community prejudice, and other factors threatening a fair trial.
• Five-Day Notice: The motion must be made upon five days' notice with service of moving papers on the district attorney. CPL § 230.20(2).
• Timing: The motion must be made within the period provided by CPL § 255.20 for pretrial motions (generally 45 days after arraignment on the indictment, unless extended).
• Expanded Jury Pool Alternative: CPL § 230.20 uniquely allows the court to order expansion of the jury pool to include jurors from contiguous counties, as a less drastic alternative to full removal.
• Stay of Trial: Either party may seek a stay of trial for up to 30 days to prepare and file a removal motion. CPL § 230.30.
• Electronic Filing: Use the New York State Courts Electronic Filing (NYSCEF) system where applicable.
• Both Parties May Move: Unlike some states, both the defendant and the People may move for removal under CPL § 230.20.