(concurring).
I concur in the result. I respectfully disagree, however, with the determination that the circumstances of the pre-Wade and Gilbert exhibition of defendant to the witness Gardner resulted in denial of due process when Gardner identified defendant at the trial. Those circumstances properly were for the jury’s consideration in weighing Gardner’s testimony, but do not compel the conclusion that his testimony was not probative.
I do believe, however, that defense counsel was entitled to possession of the “Jencks” statements at all times when they were reasonably useful in the process of impeachment by prior inconsistent statements, and that under the circumstances of this case it was prejudicial error to keep them from him while examining the federal agent.