Opinion
Argued June 6, 1923
Decided July 13, 1923
Carl Sherman, Attorney-General ( Stanley L. Richter and Robert S. Johnstone of counsel), for appellant.
Walter Gordon Merritt and Horace S. Manges for respondent.
Order affirmed on ground that the People did not discharge burden of proving that reports which defendant refused to produce were material, this court not agreeing with the interpretation placed on the word "willful" by the Appellate Division.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, CRANE and ANDREWS, JJ. Not voting: McLAUGHLIN, J.