Opinion
No. 60.
Argued March 27, 2007.
Decided April 26, 2007.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Monroe County Court (John R. Schwartz, J.), entered August 18, 2006. The County Court affirmed a judgment of the Justice Court of the Town of Henrietta (John Kopacki, J), which had convicted defendant, upon his plea of guilty, of petit larceny (two counts).
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.