What is the standard of review for a motion to dismiss an evidence under section 402 of the California Evidence Code?

California, United States of America


The following excerpt is from People v. Langston, F067421 (Cal. App. 2016):

The trial court held an Evidence Code section 402 hearing and denied the motion. Defendants now contend this was error. We apply the de novo standard of review. (People v. Kennedy, supra, 36 Cal.4th at pp. 608-609.)

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