The following excerpt is from United States v. Forbes, 790 F.3d 403 (2nd Cir. 2015):
We review for abuse of discretion a district court's denial of a Rule 33 motion for a new trial. See United States v. Sessa, 711 F.3d 316, 321 (2d Cir.), cert, denied, U.S. , 134 S.Ct. 353, 187 L.Ed.2d 264 (2013). A district court abuses' or exceeds' the discretion accorded to it when (1) its decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding, or (2) its decisionthough not necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions. Zervos v. Verizon N.Y., Inc., 252 F.3d 163, 169 (2d Cir.2001) (footnotes omitted).
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