What evidence would have been presented to a jury in a criminal case?

The fourth and final Masters factor requires the court to examine the significance of new evidence defendant would present. It is not possible to conduct such an examination here, because neither defendant or his counsel identified the substance of defendant's testimony. Presumably, defendant would have denied the allegations against him. However, given the overwhelming and compelling evidence against him (surveillance footage of both incidents, and both victims' testimony), defendant's denial of the charges against him at this late stage of the proceeding was "far from critical." (People v. Funes (1994) 23 Cal.App.4th 1506, 1521.)