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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