People v. Bodie, 16 N.Y.2d 275 (1965)

A defendant in police custody, against whom an information has been filed and an arrest warrant issued, may waive their right to counsel, making subsequent inculpatory statements admissible, provided the waiver is knowing and voluntary.

Summary

The case concerns the admissibility of an incriminating statement made by Bodie while in police custody after an information had been filed and an arrest warrant issued, but without counsel present. Bodie was convicted of selling heroin. He argued that the statement should be inadmissible because it was made after formal charges were filed. The New York Court of Appeals held that a defendant can waive their right to counsel, even after the filing of an information, provided the waiver is knowing and voluntary. The Court found Bodie’s waiver valid, considering his prior experience with the law and affirmation that he did not want an attorney.

Facts

George Bermudez, an undercover officer, purchased heroin from Bodie. Bermudez then signed a criminal information charging Bodie with selling narcotics, and an arrest warrant was issued. Bodie was arrested and taken to a police barracks. Before interrogation, Bodie was asked if he wanted counsel, to which he replied, “No.” Bodie then signed a statement admitting to selling heroin to Bermudez. Bodie had a prior conviction for possession of a hypodermic needle. This previous experience with the law was used to assess his understanding of his rights.

Procedural History

Bodie was convicted in the trial court, where his incriminating statement was admitted into evidence after a Huntley hearing determined it was voluntary. Bodie appealed, arguing the statement was inadmissible because it was taken without counsel after an information had been filed. An earlier conviction was reversed on unrelated grounds. The Court of Appeals affirmed the conviction.

Issue(s)

1. Whether a defendant, who is in police custody after an information has been filed and an arrest warrant issued, may waive their right to counsel.

2. Whether Bodie validly waived his right to counsel in this case.

Holding

1. Yes, because the right to counsel includes the right to refuse counsel.

2. Yes, because considering Bodie’s prior experience with the law, his negative response to being asked if he wanted counsel demonstrated a knowing and voluntary waiver.

Court’s Reasoning

The Court reasoned that while a post-information statement made in the absence of counsel would typically be inadmissible, the right to counsel also includes the right to refuse counsel. The critical issue was whether the police were capable of advising Bodie of his rights, which the court affirmed, dismissing the need for a complex ritual. The Court distinguished its holding from cases requiring police to inform defendants of their rights, noting that New York does not impose such a requirement. The Court emphasized the importance of determining whether the waiver was knowing and voluntary. The Court considered Bodie’s prior conviction as probative of his understanding of his rights when he declined counsel. The court stated, “On the issue of waiver, this court may consider the defendant’s previous experience with the law…as probative of what he understood the question ‘do you care for counsel’ to mean.” Because Bodie understood his rights and affirmatively waived them, the statement was admissible. The court stated that “if the authorities do advise him of said right, it may be waived…and…this defendant did waive that right.”