By: Ling-Cohan, J.P., Gonzalez, Cooper, JJ.15-105. THE PEOPLE OF THE STATE OF NEW YORK, res, v. AKMEL BRUNO, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered July 16, 2014, affirmed.The accusatory instrument was not jurisdictionally defective. Allegations that defendant “advance[d] toward [complainant] while swinging a knife at him” were sufficient to charge defendant with menacing in the second degree (see Penal Law §120.14[1]). The manner in which the knife was used qualified it as a dangerous instrument, even though the knife was not described with particularity (see People v. Carter, 53 NY2d 113 [1981]; Matter of Jonathan M., 4 AD3d 154 [2004]). The factual allegations also supported an inference that defendant intended to place complainant in reasonable fear of physical injury (see People v. Bracey, 41 NY2d 296 [1977]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.September 21, 2018
By: Shulman, P.J., Cooper, Edmead, JJ.18-076. ROXBOROUGH APARTMENTS CORP., pet-lan-res, v. MAHER HUSSEIN, res-ten-app — Order (Jack Stoller, J.), dated October 10, 2017, affirmed, with $10 costs.We find unavailing tenant’s assertion that his former attorney lacked authority to enter into the July 7, 2017, two-attorney, so-ordered stipulation settling the underlying nonpayment summary proceeding. “Assuming arguendo that [the attorney] lacked the real authority to do so, as a matter of law, [he was] certainly clothed with apparent authority and the [landlord] reasonably relied upon that appearance of authority” (1420 Concourse Corp. v. Cruz, 175 AD2d 747, 749 [1991], citing Hallock v. State of New York, 64 NY2d 224, 231 [1984]). In this regard, counsel had already been representing tenant since at least April 2017, when he moved to adjourn the scheduled trial due to the hospitalization of tenant’s initial counsel, and subsequently negotiated the underlying stipulation in open court. Nor was any persuasive showing made that the stipulation was tainted by fraud, mutual mistake or any other basis for voiding a contract (see Hallock v. State of New York, 64 NY2d at 230). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.September 21, 2018
