California, United States of America
The following excerpt is from People v. De La Plane, 151 Cal.Rptr. 843, 88 Cal.App.3d 223 (Cal. App. 1979):
Defendant urges the contention that it is a misuse of Evidence Code section 352 for the trial court to exclude proffered Defense evidence even though such evidence is cumulative of other evidence. We know of no rule which precludes the trial court from using Evidence Code section 352 in the prosecution's favor to exclude evidence offered by defendant, the probative value of which is substantially outweighed by the danger of undue prejudice to the Prosecution. In People v. Arline (1970) 13 Cal.App.3d 200, 91 Cal.Rptr. 520, the court held that the prosecution in a criminal case is entitled to the benefit of Evidence Code section 352 and to have excluded relevant evidence proffered by defendant because the probative value of such evidence is substantially outweighed by danger of undue prejudice to the prosecution.
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