Majority
p. 934[715 NE2d 504, 693 NYS2d 502] The People of the State of New York, Respondent, v Damion M. Graham, Appellant. Argued May 5, 1999; decided June 3, 1999
p. 935
APPEARANCES OF COUNSEL
David Goodman, Public Defender of Dutchess County, Poughkeepsie (Steven W. Levine of counsel), for appellant.
William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kirsten A. Rappleyea of counsel), for respondent.
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.