What is the test for applying section 352 of the California Evidence Code to exclude otherwise admissible evidence?

California, United States of America


The following excerpt is from People v. Ospino, D067423 (Cal. App. 2015):

The decision whether to apply Evidence Code section 352 to exclude otherwise admissible evidence " 'is entrusted to the sound discretion of the trial judge who is in the best position to evaluate the evidence.' " (People v. Falsetta, supra, 21 Cal.4th at pp. 917-918.) On appeal we will not disturb the trial court's ruling unless the court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a miscarriage of justice. (People v. Lewis, supra, 46 Cal.4th at p. 1286.)

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