Opinion
September 29, 1969
Order of the Supreme Court, Kings County, dated May 8, 1968, affirmed. The rule enunciated in United States v. Wade ( 388 U.S. 218), concerning the pretrial identification of an accused, is not to be applied retroactively in a collateral attack on a judgment of conviction rendered prior to the decision in Wade ( Stovall v. Denno, 388 U.S. 293). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.