What is the test for a motion for a new trial on the grounds of newly discovered evidence?

MultiRegion, United States of America

The following excerpt is from United States v. Randaccio, 440 F.2d 1337 (2nd Cir. 1971):

For a new trial to be granted on the ground of newly discovered evidence, "(1) the evidence must have been discovered since the trial; (2) it must be material to the factual issues at the trial, and not merely cumulative * * *; (3) it must be of such a nature that it would probably produce a different verdict in the event of a retrial. United States v. Costello, 255 F.2d 876 (2 Cir.), cert. denied 357 U.S. 937, 78 S.Ct. 1385, 2 L.Ed.2d 1551 (1958)." United States v. Polisi, 416 F.2d 573, 576-577 (2d Cir. 1969). Appellant's evidence fails to satisfy any of these requirements.

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