New Trial Based on Newly Discovered Evidence in New York

In People v. Salemi (309 NY 208, 216, 128 N.E.2d 377 [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 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.