The plea and sentence minutes show that, contrary to defendant's claim, the court never promised to merge the new 5 to 10 year sentence with the undischarged portion of the previously imposed 4 to 8 year sentence, and in fact specifically informed defendant, who was a second violent felony offender, that the sentences would run consecutively (see, Penal Law § 70.25 [2-a]; People v. Acosta, 187 A.D.2d 329, lv denied 81 N.Y.2d 881). No hearing on defendant's motion to set aside the sentence was required since the plea and sentence minutes contradict defendant's essential allegation of fact (CPL 440.30 [d] [i]; see, People v. Cunningham, 119 A.D.2d 938, lv denied 67 N.Y.2d 1051).
Concur — Rosenberger, J.P., Asch, Rubin and Nardelli, JJ.