California, United States of America
The following excerpt is from People v. Perez, E063968 (Cal. App. 2017):
relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission, . . ." (Id. at p. 917.) A trial court's ruling under section 352 will not be disturbed on appeal unless the court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a miscarriage of justice. (People v. Lewis (2009) 46 Cal.4th 1255, 1286.)
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