Opinion
September 30, 1997
Appeal from Judgment of Supreme Court, Monroe County, Wisner, J.
Present — Lawton, J.P., Hayes, Boehm and Fallon, JJ.
The record fails to establish that defendant's waiver of the right to appeal was voluntary, knowing and intelligent (see, People v. Veaudry, 133 A.D.2d 624, lv denied 70 N.Y.2d 804; see generally, People v. Ramos, 152 A.D.2d 209). We reject the contention of defendant, however, that Supreme Court erred in denying his motion to suppress the showup identification (see, People v. Duuvon, 77 N.Y.2d 541; People v. Love, 57 N.Y.2d 1023). Defendant was apprehended within a block of the robbery and transported to the scene of the crime within 20 minutes of its commission. Based upon the spacial and temporal proximity of the showup identification to the commission of the crime, we conclude that it was not unduly suggestive (see, People v. Duuvon, supra, at 544-545; People v. Hicks, 68 N.Y.2d 234, 242-243; People v. Love, supra).