What is the test for abuse of discretion when determining whether or not to sustain an objection under section 352 of the Evidence Code?

California, United States of America


The following excerpt is from The People v. Hubbart, 106 Cal.Rptr.2d 490, 88 Cal. App.4th 1202 (Cal. App. 2001):

Defendant contends the trial court should have sustained his Evidence Code section 352 objection. Evidence Code section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." We review the trial court's determination of admissibility under Evidence Code section 352 for abuse of discretion. (People v. Lucas (1995) 12 Cal.4th 415, 449.)

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