People v. Martinez

—Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 18, 1992, convicting defendant, upon his plea of guilty of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Whether an evidentiary hearing is necessary to determine a motion to withdraw a plea is a matter left to the discretion of the Judge hearing the motion, and only in rare instances will a defendant be entitled to such a hearing (People v Richards, 165 AD2d 700, lv denied 76 NY2d 990). No abuse can be discerned here, where…