
    [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
    
      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.  