context: The contemporaneous objection rule, that the failure contemporaneously to assert a right constitutes a waiver of that right, applies to a criminal defendant's right to be present under Rule 43.
citation_a.signal: cf.
citation_a.parenthetical: under contemporaneous objection rule, a party must object contemporaneously "to any matter believed to be erroneous, at peril of relinquishing the opportunity to challenge that matter on appeal"
citation_a.sentence: Gagnon, 470 U.S. at 529, 105 S.Ct. at 1486; United States v. Brown, 923 F.2d at 112 (failure to assert right under Rule 43 constitutes waiver); United States v. Doe, 964 F.2d 157, 159 (2d Cir.) (“waiver by counsel of a defendant’s right to be present during the proceedings is valid when made in the presence of the defendant”), cert. denied, — U.S. -, 113 S.Ct. 628, 121 L.Ed.2d 560 (1992); cf. Government of Virgin Islands v. Williams, 892 F.2d 305, 309 (3d Cir.1989) (under contemporaneous objection rule, a party must object contemporaneously “to any matter believed to be erroneous, at peril of relinquishing the opportunity to challenge that matter on appeal”), cert. denied, 495 U.S. 949, 110 S.Ct. 2211, 109 L.Ed.2d 537 (1990).
citation_b.signal: no signal
citation_b.parenthetical: "waiver by counsel of a defendant's right to be present during the proceedings is valid when made in the presence of the defendant"
citation_b.sentence: Gagnon, 470 U.S. at 529, 105 S.Ct. at 1486; United States v. Brown, 923 F.2d at 112 (failure to assert right under Rule 43 constitutes waiver); United States v. Doe, 964 F.2d 157, 159 (2d Cir.) (“waiver by counsel of a defendant’s right to be present during the proceedings is valid when made in the presence of the defendant”), cert. denied, — U.S. -, 113 S.Ct. 628, 121 L.Ed.2d 560 (1992); cf. Government of Virgin Islands v. Williams, 892 F.2d 305, 309 (3d Cir.1989) (under contemporaneous objection rule, a party must object contemporaneously “to any matter believed to be erroneous, at peril of relinquishing the opportunity to challenge that matter on appeal”), cert. denied, 495 U.S. 949, 110 S.Ct. 2211, 109 L.Ed.2d 537 (1990).