People v. Powell

*365OPINION OF THE COURT

Alvin M. Yearwood, J.

Introduction

By “Notice of Motion” dated December 1, 2007 and filed December 4, 2007, defendant moves under branch I for an order pursuant to CPL 170.30 (1) (a) to dismiss on grounds of facial insufficiency the count charging defendant with forcible touching (Penal Law § 130.52), and under branch II to reserve defendant’s right to supplement or make further motions. The People have responded in opposition by “Memorandum of Law in Opposition to Defendant’s Motion to Dismiss” dated and filed January 8, 2008. Úpon consideration of the submissions and the…