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Appellate Term, First Department: September 12, 2023

Decision & Orders released on:September 8, 2023

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By: Brigantti, J.P., Tisch, James, JJ. THE PEOPLE OF THE STATE OF NEW YORK, res v. VIRGILIO TOVAR, def-app (19-399) — Judgment of conviction (James G. Clynes, J. at plea; Herbert J. Moses, J. at sentencing), rendered on November 14, 2018, affirmed.

We find unavailing defendant’s challenge to the facial sufficiency of the accusatory instrument. Even accepting defendant’s contention that the Penal Law §130.52(1) forcible touching charge to which he pleaded was defective for failing to satisfy the “forcible” component of the crime (see People v. Zaragoza, 195 AD3d 522 [2021]), the accusatory instrument was jurisdictionally sufficient to support his plea because it contained an equal grade offense properly pleaded (People v. Thiam, 34 NY3d 1040, 1049 [2019]; People v. Then, 73 Misc 3d 147[A], 2021 NY Slip Op 51267[U] [App Term, 1st Dept 2021], lv denied 38 NY3d 954 [2022]), namely the class A misdemeanor of forcible touching pursuant to Penal Law §130.52(2).

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