People v. Graham

715 N.E.2d 504, 93 N.Y.2d 934, 693 N.Y.S.2d 502, 1999 N.Y. LEXIS 1213
New York Court of Appeals·Decided June 3, 1999·Published·Cited by 14 cases

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.

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People v. Graham, 715 N.E.2d 504, 93 N.Y.2d 934, 693 N.Y.S.2d 502, 1999 N.Y. LEXIS 1213 (N.Y. 1999).

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