Opinion
December 11, 1995
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on the defendant's motion to withdraw his plea of guilty, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
It is well settled that when, as here, the defendant makes a timely application to withdraw a plea of guilty, the court should, except under special circumstances, either grant the application or make reasonable inquiry to determine whether the application has merit (see, People v Fiumefreddo, 82 N.Y.2d 536, 545; People v Frederick, 45 N.Y.2d 520; People v Tinsley, 35 N.Y.2d 926, 927). In this case, the defense counsel made a timely motion at sentencing to withdraw the defendant's plea of guilty. The sentencing court committed error in summarily denying the motion without an inquiry into the basis for the motion, and in proceeding to sentence the defendant in accordance with the plea agreement. Accordingly, we remit the matter to the Supreme Court, Kings County, for a reasonable inquiry into the basis of the defendant's application (see, e.g., People v Hoe, 160 A.D.2d 729; People v Sendel, 158 A.D.2d 726, 727; People v Scott, 155 A.D.2d 701). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.