Judgment affirmed.
On this appeal, the defendant contends that the court erroneously accepted his plea of guilty because he did not admit that he intended to cause physical injury. Having failed to move on this ground either to withdraw his plea prior to the imposition of sentence ( see, CPL 220.60) or to vacate the judgment pursuant to CPL 440.10, the defendant has not preserved this issue for appellate review (CPL 470.05; People v Claudio, 64 N.Y.2d 858; People v. Pellegrino, 60 N.Y.2d 636; People v. Mattocks, 100 A.D.2d 944). Were we to review this issue in the interest of justice, vacatur would not be required. The plea was voluntarily, knowingly, and intelligently entered ( see, People v. Harris, 61 N.Y.2d 9). Moreover, the defendant pleaded guilty to "depraved indifference" assault in the first degree (Penal Law § 120.10), which involves no intent ( see, People v. Williams, 40 A.D.2d 1023).
With regard to the defendant's contention that his sentence was harsh and excessive, we note that it was imposed in accordance with the plea agreement ( see, People v. Nelson, 104 A.D.2d 1055; People v. La Lande, 104 A.D.2d 1052), and, in any event, was the minimum allowable under the law (Penal Law § 70.02 [b], [4]). Mollen, P.J., Titone, O'Connor and Rubin, JJ., concur.