Eastern District of New York Judge Jack B. Weinstein’s second attempt to order a new trial for a man convicted of possession and receipt of child pornography has been rebuffed by the 2nd U.S. Circuit Court of Appeals.

In the latest reversal of Weinstein in the case of Pietro Polouizzi, the 2nd Circuit in a summary order said the judge had no right to order a new trial, in particular because the evidence on retrial anticipated by the judge would have been “essentially the same” as at the first trial.

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