Opinion
July 14, 1992
Appeal from the Genesee County Court, Morton, J.
Present — Green, J.P., Balio, Lawton, Boehm and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The People concede that defense counsel should have been advised of the date, time and place of defendant's psychiatric examination and that defendant was entitled to have counsel present at the examination (see, People v. Cerami, 33 N.Y.2d 243, 248, rearg denied 34 N.Y.2d 755; Matter of Lee v County Ct., 27 N.Y.2d 432, 444, cert denied 404 U.S. 823; People v. Perkins, 166 A.D.2d 737, 739, lv denied 76 N.Y.2d 1023). The right to have counsel present at the examination was waived, however, because defense counsel failed to object to the lack of notice at the competency hearing (see, People v. Wood, 64 A.D.2d 767, 767-768; see also, People v. Seiler, 139 A.D.2d 832, 835, lv denied 72 N.Y.2d 924).
Defendant failed to demonstrate a necessity for the proposed testimony of Dr. Ciccione or extraordinary circumstances warranting the requested allowance of $4000 to $5000 in expert witness fees (see, People v. Gallow, 171 A.D.2d 1061, 1062, lv denied 77 N.Y.2d 995). Thus, the trial court properly denied defendant's request.
We have reviewed defendant's remaining contentions and find them to be without merit.