What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial?

Newly discovered evidence does not warrant a new trial unless the defendant shows that: (1) the " 'newly discovered evidence' could not with due diligence have been discovered before or during trial"; (2) where the claim is that the evidence shows perjury by a prosecution witness, the evidence "demonstrates that the witness in fact committed perjury"; (3) the evidence is "material" to the jury's verdict, that is, relevant to the merits of the case; (4) the evidence is not "cumulative" of other evidence introduced at trial as to a fact; and (5) the evidence could have affected the jury's verdict if it had been introduced at trial. United States v. White, 972 F.2d 16, 20-21 (2d Cir.1992). If the newly discovered evidence indicates that perjured testimony was given at trial, the affect of such evidence on the verdict depends on whether the prosecution was aware of that perjury. See id. at 21; United States v. Wallach, 935 F.2d 445, 456 (2d Cir.1991).

There are two standards of review on whether the prosecution was aware of the perjury. See White, 972 F.2d at 21. First, if the prosecution knew or should have known of that perjury, a new trial must be granted "if the court determines that new evidence 'might' alter the verdict of the jury." Sanders v. Sullivan, 863 F.2d 218, 225 (2d Cir.1988). The test is whether there is any "reasonable likelihood" that the perjured testimony could have influenced the jury. See Wallach, 935 F.2d at 456. Second, "[i]f the prosecution was unaware of the perjury, a new trial is warranted if the court is left with a firm belief that but for the perjured testimony, the defendant would most likely not have been convicted." See White, 972 F.2d at 21 (internal quotation marks and alternation omitted).