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Where defendant was convicted of gun possession, and the person with him during the arrest had testified before the grand jury that the gun belonged to defendant, but now testifies that he lied before the grand jury and that the gun was actually his, this newly discovered evidence satisfies the criteria of United States v. Jasin for granting a new trial; nothing in the grand jury testimony could have alerted defendant to the prospect that this person would be helpful if called to testify at trial
July 21, 2003 at 12:00 AM
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