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The People of the State of New York, Respondent, v. Damion M. Graham, Appellant

New York Court of Appeals1999-06-03
93 N.Y.2d 934693 N.Y.S.2d 502715 N.E.2d 504

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Opinion

majority 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.