witness will testily is appropriate); United States v. Gallo, No. 98 CR 338, 1999 WL 9848, at *8 (S.D.N.Y. Jan. 11, 1999) (denying defendants’ motions to require the early production of Giglio and 3500 material based on Government’s representations that it would provide the information sufficiently in advance of each witness’s testimony to allow adequate time to prepare for cross-examination); United States v. Mejia, No. 98 CR 4, 1998 WL 456257, at *1 (S.D.N.Y. Aug. 5, 1998) (denying defendant’s motion to compel all impeachment material under Giglio based on the Government’s representations that it would make such information available at the time that it provides 3500 material). 62 . See Jimenez-Garcia v. United States, No. 97 Civ. 2911, 1998 WL 132788, at *3 (S.D.N.Y. Mar. 24, 1998) (<HOLDING>). 63 . Rosa, 11 F.3d at 315 (quotation marks
holding that government material witnesses do not constitute a particular social group holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial holding that where movant alleged the names of uncalled witnesses and them anticipated testimony which would have been relevant mitigation evidence in the penalty phase but did not allege that trial counsel knew of the witnesses or that the witnesses were available to testify at trial the movant was not entitled to an evidentiary hearing on his postconviction relief motion because he did not allege facts sufficient to satisfy the standard applicable to his claim holding that criminal defendants are entitled to obtain for impeachment purposes statements made by government witnesses to government agents that relate to the subject matter of the witnesses direct testimony holding that the failure to call certain witnesses was not ineffective assistance because witnesses already presented similar evidence and counsel is not required to present cumulative evidence