People v. Salemi

In People v. Salemi, 309 NY 208 (1955), the Court of Appeals set forth six requirements which must be met in order for a defendant to be entitled to a new trial based on a claim of newly discovered evidence: the evidence must be such that it: (1) would probably change the result if a new trial were granted; (2) must have been discovered since the trial; (3) could have not been discovered before the trial by the exercise of due diligence; (4) must be material to the issue; (5) must not be cumulative; (6) must not be merely impeachment evidence.