People v. Wynne

— Judgment unanimously af*712firmed. 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 NY2d 243, 248, rearg denied 34 NY2d 755; Matter of Lee v County Ct., 27 NY2d 432, 444, cert denied 404 US 823; People v Perkins, 166 AD2d 737, 739, lv denied 76 NY2d 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…