The following excerpt is from United States v. Gigliotti, 17-1541, 17-2166 (2nd Cir. 2021):
"We review for abuse of discretion the district court's denial of a motion for a new trial." United States v. Josephberg, 562 F.3d 478, 488 (2d Cir. 2009). A district court "abuses" or "exceeds" its discretion when: "(1) its decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding, or (2) its decisionthough not
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necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions." Zervos v. Verizon N.Y., Inc., 252 F.3d 163, 169 (2d Cir. 2001) (footnotes omitted). "In determining whether to grant a Rule 33 motion, the ultimate test is whether letting a guilty verdict stand would be a manifest injustice." United States v. Walker, 974 F.3d 193, 208 (2d Cir. 2020) (internal quotation marks and alteration omitted).
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