The following excerpt is from People v. Severino, 18 N.Y.S.3d 581 (Table) (N.Y. Crim. Ct. 2015):
Here, the second accusatory instrument that the People filed was not a superseding information. It was subscribed to by a police officer-and hence was not a prosecutor's information-and contained hearsay that went directly to a necessary element of the criminal contempt charge, the identity of the person protected by the order of protection. Cf. People v. Fraser, 21 Misc.3d 1128(A), 875 N.Y.S.2d 822 (Crim Ct Kings County 2008) (no hearsay defect where officer later learned name of child in a child endangerment case; while age of child was an element, the name was not). This instrument was clearly a superseding complaint.
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