The order appealed from should be modified by eliminating therefrom such parts thereof as strike out paragraphs 2, 3, 4, 5, 6, 7 and 9 of the answer. The question certified must be answered in the negative. The Federal court judgment convicting appellant herein of this misdemeanor is prima facie proof of the crime charged (Matter of Donegan, 282 N.Y. 285, 293; also, 294 N.Y. 704, affg. 265 App. Div. 774...
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