People v. Cenat

In People v. Cenat (176 Misc 2d 39 [Crim Ct, Kings County 1997]), the People mailed but misaddressed a statement of readiness for trial to defense counsel immediately after it was filed off-calendar. Five days later, the People announced their readiness in open court. The court held that the People made an effective statement of readiness for trial on the day the statement was filed. In People v Cenat, the children were alleged to be ten and three years old, the court commented on the issue of a sufficient allegation of age, stating: Defendant does not raise the argument that the allegations that the children "appeared to be" 10 and 3 is not sufficient. While the age of a child is something that must be sworn to by someone with knowledge, the approximate age of a child is something that a layperson can estimate with a reasonable degree of accuracy. Clearly if the precise age mattered, then the "appeared to be" language would be insufficient. In the instant context, however, even if the estimate were off by a year or two, it would not affect the result here. It is always preferable, however, to get a certified birth certificate or provide the affidavit of someone with knowledge. (Cenat, supra 176 Misc 2d at 42 n.3 )