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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN J. JAWOROWSKI, Appellant.

Ordered that the judgment is affirmed.

After entering a plea of guilty, the defendant made a written pro se motion to withdraw his plea. The court denied his motion without a hearing. Since the defendant was afforded a "reasonable opportunity to present his contentions", and the court was able "to make an informed determination in accordance with the principles laid down in People v. Nixon ( 21 N.Y.2d 338)", the court did not improvidently exercise its discretion in failing to conduct a hearing (People v. Tinsley, 35 N.Y.2d 926, 927; People v. Black, 170 A.D.2d 383). Moreover, the defendant's motion was without merit (see, People v. Harris, 61 N.Y.2d 9; People v Black, supra).

The defendant also failed to make the necessary showing of good cause to warrant substitution of assigned counsel (see, People v Sawyer, 57 N.Y.2d 12; People v. Medina, 44 N.Y.2d 199; People v Stubbs, 175 A.D.2d 187). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.

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PEOPLE v. JAWOROWSKI
(Feb 7, 1994)