PEOPLE v. WHITE


56 N.Y.2d 110 (1982)

The People of the State of New York, Respondent, v. Bryant K. O. White, Appellant.

Court of Appeals of the State of New York.

Decided May 20, 1982.


Attorney(s) appearing for the Case

David Lee Foster for appellant.

James R. Harvey, District Attorney (Schuyler-Van Horn and Michael O'Brien of counsel), for respondent.

Chief Judge COOKE and Judges JASEN and JONES concur with Judge FUCHSBERG; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs; Judge MEYER taking no part.


FUCHSBERG, J.

Once again we address the troublesome question of the circumstances in which the presence of counsel who has entered a criminal case may be waived by a defendant in the absence of counsel. The issue arises anew in the context of a charge of "unlawful possession of marihuana", an offense whose initial violation, classified neither as felony nor as misdemeanor, is "punishable only by a fine of not...

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