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PEOPLE v. MILLER

8 N.Y.3d 937 (2007)

866 N.E.2d 1041

834 N.Y.S.2d 713

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM E. MILLER, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 2007.

Attorney(s) appearing for the Case

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.

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

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...

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