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THE PEOPLE &C., RESPONDENT, v. DAMION M. GRAHAM, APPELLANT.

93 N.Y.2d 934 (1999).
June 3, 1999

AppT No. 113

[99 NY Int. 0090]
Decided June 3, 1999


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Steven W. Levine, for appellant.
Kirsten A. Rappleyea, for respondent.

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.

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Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Decided June 3, 1999