California, United States of America
The following excerpt is from People v. Gutierrez, B233724 (Cal. App. 2012):
Appellant also argues that the trial court erred in concluding under section 352 that the statements were inadmissible. "Under . . . section 352, the trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion or consumption of time. [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.) In light of the preceding discussion finding the statements were not relevant, and applying the deferential standard of review applicable to a trial court's evidentiary rulings under section 352, we find no abuse of discretion.
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