New Trial Based on Newly Discovered Evidence in New York
In People v. Salemi (309 NY 208, 216, 128 N.E.2d 377 ), 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 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 not have been discovered before the defendant's 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.