Wachtler, J. A defendant’s right to be present at a criminal trial is embodied in the confrontation clauses of the State and Federal Constitutions (NY Const, art I, § 6; US Const, 6th Amdt), and the CPL (260.20, 340.50; see, also, Fed Rules Crim Pro, rule 43). This appeal raises the difficult problem of when, if ever, a defendant in a criminal trial who is in custody may waive his right to be present at trial. <p "b377-5"…
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