People v. DeValdor

Defendant was convicted of unlawfully violating the provisions of section 352 of article 23-A of the General Business Law (known as the Martin Act), in that he willfully failed and neglected to obey a subpoena lawfully issued by the Attorney-General of the State, with which he was personally served.

He contends on appeal from the judgment of conviction, on the merits, that he did not willfully refuse to obey the command of the *51subpoena, but endeavored to procure a postponement of the hearing, a former session of which he had attended and that he was unable to communicate with the Deputy…