The following excerpt is from United States v. Jereis, No. 14-415-cr (L), No. 14-447-cr (C) (2nd Cir. 2015):
We review a district court's denial of a motion for a new trial pursuant to Rule 33 for abuse of discretion. United States v. James, 712 F.3d 79, 107 (2d Cir. 2013). "[T]he trial court's discretion to decide whether newly discovered evidence warrants a new trial is broad because its vantage point as to the determinative factor - whether newly discovered evidence would have influenced the jury - has been informed by the trial over which it presided." United States v. Stewart, 433 F.3d 273, 296 (2d Cir. 2006).
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