Can a motion to dismiss an accusatory instrument include allegations that a police officer was able to identify a bag as containing marijuana because of the tinted windows?

On a motion to dismiss an accusatory instrument the court must confine its analysis to the allegations contained in the complaint and in any depositions filed in support of it. (People v. Pelt, 157 Misc 2d 90, 92 [Crim Ct, Kings County 1993]; People v. Fink, NYLJ, May 22, 1992, at 23, col 4 [Crim Ct, NY County].) Defendant's allegations regarding the police officer's ability to identify the bag as containing marijuana and the tinted windows are dehors the complaint. Thus, the court may not consider defendant's allegations in ruling on the sufficiency of the information. Accordingly, this branch of the motion to dismiss is denied.