Opinion
May 13, 1959
Appeal from the Wyoming County Court.
Present — McCurn, P.J., Kimball, Williams, Bastow and Halpern, JJ.
Order affirmed, without costs of this appeal to either party. Memorandum: We have gone into the contention of the appellant that the crime of assault with intent to commit robbery of which the appellant was convicted in 1948, in California, would not have been a felony if committed in New York State, and have decided that such contention is without merit. All concur.