Majority
p. 937[866 NE2d 1041, 834 NYS2d 713] The People of the State of New York, Respondent, v William E. Miller, Appellant. Argued March 27, 2007; decided April 26, 2007
p. 938
APPEARANCES OF COUNSEL
Edward J. Nowak, Public Defender, Rochester {David M. Abbatoy, Jr., of counsel), for appellant.
Michael C. Green, District Attorney, Rochester {Stephen X. O’Brien of counsel), for respondent.
OPINION OF THE COURT
Order affirmed. Defendant’s argument that he did not receive a hearing in accordance with due process of law is unpreserved for our review. We do not accept defendant’s contention that the error here, if any, constitutes a mode of proceedings error.
Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.