People v. Mercado

In People v. Mercado, (184 Misc 2d 40 [Crim Ct Bronx County 2000]) the court found that "the accusatory instrument requires at least some corroboration" of age to be converted, but, went on to state that "corroboration of the hearsay allegations regarding the birth dates of child complainants requires a certain amount of prosecutorial industry and creativity", (Id. at 43), and "is not impossible" (Id.) The Mercado court went on to suggest that: "the People could also file the supporting deposition of someone who observed the child complainant and could describe in detail the height, size, wearing apparel or other pertinent descriptive commentary that would clearly peg the subject child as a person under 17 years of age. And, of course, there is no prohibition against a child providing his or her own date of birth, as long as the child is capable of doing so." (Mercado at 44)