United States Ex Rel. Carl M. Robinson v. John L. Zelker, Superintendent, Green Haven Correctional Facility, Stormville, New York

OAKES, Circuit Judge:

This is another in a series of recent cases in this circuit1 involving an in-court identification claimed to have been tainted by suggestive procedures used. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967). The case is different from some in that the identification witness was himself a police officer. Since Wade and Gilbert have been held by Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972), to give a right to counsel “. . . only at or after the time…