People v Miller

People v Miller 2007 NY Slip Op 03595 [8 NY3d 937] April 26, 2007 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 30, 2007

[*1] The People of the State of New York, Respondent,
v
William E. Miller, Appellant.

Argued March 27, 2007; decided April 26, 2007

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.