People v. Graham

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.