What is the test for abuse of discretion in an evidentiary ruling?

MultiRegion, United States of America

The following excerpt is from Jia Sheng v. M&TBank Corp., 33 A.D. Cases 424, 848 F.3d 78 (2nd Cir. 2017):

We review evidentiary rulings for abuse of discretion, United States v. Cuti, 720 F.3d 453, 457 (2d Cir. 2013), a standard that is met only when the district court "based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or rendered a decision that cannot be located within the range of permissible decisions," In re Sims, 534 F.3d 117, 132 (2d Cir. 2008) (internal quotation marks, citations, and alterations omitted). We will not vacate for a new trial, however, if any error was harmless, i.e., where we "can conclude with fair assurance that the evidence did not substantially influence the jury." United States v. Mercado, 573 F.3d 138, 141 (2d Cir. 2009) (internal quotation marks omitted).

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