What is the test for precluded evidence in a criminal case?

"New York", United States of America

The following excerpt is from People v. Fardan, 607 N.Y.S.2d 220, 628 N.E.2d 41, 82 N.Y.2d 638 (N.Y. 1993):

Of course, trial courts must exercise care to assure that the precluded evidence is not merely related to the testimony but in fact refutes the testimony given on direct (see, People v. Garcia, supra). If the evidence is permitted, the court should issue limiting instructions, as the court did here when it told the jury that statements about the robbery were to be used in [82 N.Y.2d 647] evaluating the basis for the psychologist's opinion and not for determining guilt.

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