What is the test for determining whether a defendant suffered prejudice as a result of failing to grant a new trial?

Defendant contends the trial court erred by refusing to entertain his motion for a new trial. He is correct. (See People v. Braxton (2004) 34 Cal.4th 798, 807, fn. 2.) The question then becomes whether "defendant suffered actual prejudice as a result. This will occur when, for example, the reviewing court properly determines from the record that the defendant's new trial motion was meritorious as a matter of law, or the record shows that the trial court would have granted the new trial motion and the reviewing court properly determines that the ruling would not have been an abuse of discretion." (Id. at p. 817.) Again, defendant asserts there was insufficient evidence, independent of his extrajudicial statement, that he knew the firearm was stolen, and the People counter that there was substantial evidence. We conclude there was no actual prejudice because, as set forth above, there is no reasonable probability the trial court would have granted a new trial on this basis.

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E. Alleged Griffin Error