Opinion
December 29, 1995
Appeal from the County Court, Nassau County (Kowtna, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that his plea allocution was insufficient to establish his guilt of assault in the second degree beyond a reasonable doubt because his statement regarding the incident negated the element of intent. The defendant pleaded guilty to assault in the second degree by "recklessly caus[ing] serious physical injury to another person by means of a deadly weapon or a dangerous instrument" (Penal Law § 120.05). Intent is not an element of this crime (see, People v Gallagher, 69 N.Y.2d 525, 529). Moreover, the court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty (see, People v Walters, 176 A.D.2d 277, 277-278; CPL 220.60).
The defendant's remaining contention is not preserved for appellate review (see, CPL 470.05; People v Proctor, 79 N.Y.2d 992). O'Brien, J.P., Ritter, Friedmann and Goldstein, JJ., concur.