People v. Graham
| Decision Date | 03 June 1999 |
| Citation | 693 N.Y.S.2d 502,93 N.Y.2d 934,715 N.E.2d 504 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMION M. GRAHAM, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
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.
Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
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.
Order affirmed in a memorandum.
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