People v. Scott

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court should have held a midtrial Wade hearing sua sponte. Defendant, represented by an Assistant Public Defender, requested and was granted a pretrial Wade hearing. Immediately before the hearing was to commence, defense counsel and the prosecutor agreed that the identification of defendant by bank personnel from a photograph taken by a bank camera was "confirmatory” and, therefore, that a hearing was unnecessary. At trial, however, a different Assistant Public Defender represented defendant and objected…