What is the burden of proving criminal propensity in a criminal case?

"New York", United States of America

The following excerpt is from People v. Denson, 21 N.Y.S.3d 179, 26 N.Y.3d 179, 42 N.E.3d 676 (N.Y. 2015):

met that burden, the trial court must then "weigh the evidence's probative value against its potential for undue prejudice to the defendant" (id.; see People v. Alvino, 71 N.Y.2d 233, 242, 525 N.Y.S.2d 7, 519 N.E.2d 808 [1987] ). "If the evidence has substantial probative value and is directly relevant to the purposeother than to show criminal propensityfor which it is offered, the probative value of the evidence outweighs the danger of prejudice and the court may admit the

[42 N.E.3d 682]

[21 N.Y.S.3d 185]

evidence" (Cass, 18 N.Y.3d at 560, 942 N.Y.S.2d 416, 965 N.E.2d 918 ).

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