People v. McGilvary

—Judgment unanimously affirmed. Memorandum: Defendant contends that the suppression court erred in granting the People’s motion to reopen the Wade hearing to receive evidence from two confidential informants on the issues whether pretrial identification procedures were unduly suggestive and whether there were independent bases for the informants’ in-court identifications of defendant. We agree that the suppression court erred in reopening the Wade hearing (see, People v Havelka, 45 NY2d 636, 643). Reversal is not required, however, because defendant was not prejudiced by the error (see,…