Opinion
May 3, 1993
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without conducting a hearing (see, CPL 220.60; People v Mitchell, 187 A.D.2d 676; People v Dickerson, 163 A.D.2d 610). In addition, we reject the defendant's contention that he was denied due process by the court's substitution of assigned counsel when original assigned counsel was unable to appear. Nor was the defendant denied the effective assistance of counsel (see, People v Sawyer, 57 N.Y.2d 12, cert denied 459 U.S. 1178; People v Willis, 147 A.D.2d 727; Strickland v Washington, 466 U.S. 668; People v Baldi, 54 N.Y.2d 137). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.