People v. Sendel

It is well established that when a defendant makes a timely application to withdraw a plea of guilty, "the court should, except under special circumstances, either grant the application or else make reasonable inquiry to determine whether the application has merit (see, People v Frederick, 45 NY2d *727520; People v Rodriquez, 90 AD2d 489)” (People v Jenkins, 90 AD2d 854). Only in rare instances will an evidentiary hearing be required (see, People v Tinsley, 35 NY2d 926). In the case at bar, the defendant made a motion at sentencing to withdraw his guilty plea. The sentencing court denied the…