The following excerpt is from United States v. Barret, Docket No. 12-4663(L), Docket No. 13-3800, Docket No. 14-2014, Docket No. 14-573 (2nd Cir. 2017):
such that the admission constitutes an abuse of discretion."(internal quotation marks omitted)). "A district court has abused its discretion if its ruling is based on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or if its decision cannot be located within the range of permissible decisions." United States v. Cuti, 720 F.3d 453, 457 (2d Cir. 2013).
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