State v. Gurkin

Defendants undertake to assign as error the in-court identification of the three defendants; they argue that the in-court identification was tainted by an illegal in-custody pre-trial confrontation. Not one of the three defendants objected to or moved to strike the in-court identification; on appeal they have raised the question for the first time. At trial defendants did not indicate in any way that they desired an examination of the witness and findings by the trial judge upon the question; they were content to allow the witness to identify defendants, and they cannot successfully raise…