Opinion
Decided June 3, 1999
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.