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Case 1:20-cr-00330-PAE Document 244 _ Filed 04/23/21 Page 14of14 The Honorable Alison J. Nathan April 2, 2021 Page 14 See also United States v. Petrillo, 821 F.2d 85, 90 (2d Cir.1987) (explaining impeachment evidence of uncorroborated testimony is material where the witness “whose credibility was at issue supplied the only evidence linking the defendant[ ] to the crime”); Grant v. Alldredge, 498 F.2d 376, 382 (2d Cir.1974) (finding a Brady violation occurred where the prosecution did not disclose that a witness identified someone other than the accused); United States v. Wilkins, 326 F .2d 135, 140 (2d Cir.1964) (where the state's case depended on the positive identification by two witnesses, the existence of two other witnesses who would testify the defendant was not the perpetrator of the crime was material). Because the EVCP Material constitutes exculpatory evidence, it is procurable by subpoena in advance of trial. Conclusion For the foregoing reasons, this Court should deny BSF’s Motion to Quash and enforce the proposed subpoena on BSF. Respectfully Submitted, Jeffrey4S. Pagliuca CC: Sigrid McCawley, David Boies DOJ-OGR-00003985