Opinion
May 17, 1994
Appeal from the Supreme Court, New York County (Richard B. Lowe, III, J.).
While the hearing court erred in not setting forth its findings of fact, conclusions of law and reasons for its determination as required by CPL 710.60 (6), defendant had a full and fair hearing that allows this Court to make its own findings of fact and conclusions of law (People v. Denti, 44 A.D.2d 44, 47), namely, that the showup identification of defendant by the robbery victims took place spontaneously and without police prompting within minutes of the robbery, and was therefore properly admitted (People v. Kirkland, 192 A.D.2d 414, 415, lv denied 81 N.Y.2d 1075).
Defendant's contention that the court did not comply with a plea agreement in imposing a sentence of 5 to 10 years on the first degree robbery counts was not preserved for review as a matter of law by timely objection (CPL 470.05; People v Lopez, 71 N.Y.2d 662, 667-668) and we decline to review it in the interest of justice. Were we to review it, we would find that defendant voluntarily pleaded guilty after the court had clearly advised him that no promises were being made as to the sentence.
Concur — Murphy, P.J., Carro, Wallach, Asch and Tom, JJ.