What is the test for a motion for a new trial on the grounds that a witness committed perjury?

MultiRegion, United States of America

The following excerpt is from Fernandez v. Capra, 916 F.3d 215 (2nd Cir. 2019):

"In order to be granted a new trial on the ground that a witness committed perjury, the defendant must show that (i) the witness actually committed perjury; (ii) the alleged perjury was material; (iii) the government knew or should have known of the perjury at [the] time of trial; and (iv) the perjured testimony remained undisclosed during trial." United States v. Cromitie, 727 F.3d 194, 221 (2d Cir. 2013) (alteration in original) (quoting United States v. Josephberg, 562 F.3d 478, 494 (2d Cir. 2009) ).

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