PEOPLE v. BRUNO (2018)

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.

Per Curiam.