People v. Graham

Court: New York Court of Appeals
Date filed: 1999-06-03
Citations: 715 N.E.2d 504, 93 N.Y.2d 934, 693 N.Y.S.2d 502, 1999 N.Y. LEXIS 1213
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Combined Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Whether “in any place” in Penal Law § 240.36 includes a private residence was disputed below but conceded by defendant on this appeal. Defendant’s present argument — that the statute so construed is void for vagueness — is unpreserved for our review, as is defendant’s remaining contention.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.