In People v. Warren, 42 AD3d 593 (3d Dept. 2007), the defendant claimed a procedural due process violation where the People admitted failed to provide timely written notice of their recommendations prior to the hearing. The defendant asserted that, as a result of the late notice, the People waived their right to be heard and that the People's evidence should not have been considered. Id. at 594. The Appellate Division, Third Department, disagreed with the defendant's position, holding that the "Defendant's receipt of the required documents on March 10, 2006 [the hearing date] and Supreme Court's adjournment of the hearing until April 5, 2006--at which defendant and counsel were given and pursued an ample and meaningful opportunity to respond to all aspects of the People's and the Board's risk level assessments--adequately protected defendant's due process rights." Id.