What is the test for excluding evidence at trial?

California, United States of America


The following excerpt is from People v. Pereyra, E063076 (Cal. App. 2016):

Trial courts have broad discretion to exclude evidence at trial. (People v. Jones (2013) 57 Cal.4th 899, 949.) "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." (Evid. Code, 352.) Here,

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