People v. White

OPINION OF THE COURT

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 more than one hundred dollars”.1 We hold such a waiver may be effected, but only in the presence of a neutral magistrate who gives the defendant appropriate warnings…