PEOPLE v. RODRIGUEZ

8636 2143/79.

102 A.D.3d 457 (2013)

956 N.Y.S.2d 884

2013 NY Slip Op 117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2013.


Defendant argues that the court's notice, in writing, of the date of the hearing, was late by one day. However, defendant never argued at the hearing that he had not been provided the 20-day notice required by Correction Law § 168-n (3). In any event, defendant cannot establish that the court did not afford him an opportunity to respond to the People's application.

Defendant's adjudication satisfied the requirements of due process and Correction Law § 168...

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