In State v. Roberson, 62 Conn. App. 422, 771 A.2d 224 (2001), the defendant filed a motion for a new trial on the basis of newly discovered evidence. State v. Roberson, supra, 62 Conn. App. at 425. The trial court conducted a hearing and decided the motion on the merits. Id. The Court affirmed the judgment of the trial court and recognized, in a footnote, that the "trial court noted in its memorandum of decision that 'the state has waived any objection to the trial court deciding this motion for a new trial under the applicable tests regarding newly discovered evidence.'" Id. at 424 n.4.