Order affirmed.
It is conceded that defendant was convicted of aggravated assault and battery in Pennsylvania on January 29, 1954. The Pennsylvania statute defining that crime is substantially, if not exactly, the same as the statute in this State defining the crime of assault in the second degree (Penal Law, § 242, subd. 3). Regardless of the fact that the Pennsylvania statute has labeled the crime a misdemeanor, since the crime if committed in this State would...
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