ted undercover police officer to perform sexual act and that he believed officer to be less than 17 years of age, would not be dismissed pursuant to CLS CPL 170.30(1)(a) and 170.35(1)(a) since accusatory instrument was not rendered facially insufficient by fact that officer was in fact more than 17 years

978. NOTES: Commission Staff Notes See Commission Staff Notes under 0 230.15. New York References: This section referred to in BB 60.05, 460.10; CLS CPL j8 700.05; CLS Pub Health ft 2324-a; CLS Real P Actions & Pr 8 715; CLS Real P fi 231 Research References & Practice Aids: 35 NY Jur 2d, Criminal