Filing a Superceding Complaint to Find Out Children's Dates of Birth
In People v. Sivano (174 Misc 2d 427, 428 [App Term, 2d Dept 1997], lv denied 91 NY2d 880 ), the People were forced to file a superceding complaint because they did not have the cooperation of the child-victim's mother and thus were "unable to obtain nonhearsay allegations particularly as to the statutory element of age." (Supra, at 428.)
The superceding complaint filed by the People included certified school records to prove the children's ages, and the court deemed the complaint an information. (Supra).
See also, People v. Cenat, 176 Misc 2d 39, 40 [Crim Ct, Kings County 1997] [where the court allowed a caseworker from the Administration for Children's Services to provide information about the complainant children's dates of birth--"a necessary element for the endangering charge"].