The following excerpt is from Krische v. Smith, 662 F.2d 177 (2nd Cir. 1981):
As to the second contention of the appellant, the failure of defense counsel to object, there is ample precedent to the effect that the conduct of defense counsel, as distinct from the defendant himself, may be immaterial to the enforcement of the basic constitutional right of presence during the trial. In United States v. Schor, 418 F.2d 26, 30 (2d Cir. 1969) this court noted cases from other circuits supporting the proposition "that defense counsel, in the absence of defendant, can never effectively consent to informal procedures for answering a jury question." To the same effect is the opinion of this court in United States v. Crutcher, 405 F.2d 239, 243 (2d Cir. 1968).
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