When a trial court has admitted evidence pursuant to Rule 404(b) after performing a balancing analysis, can the decision be reviewed for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thomas, 54 F.3d 73 (2nd Cir. 1995):
When the trial court has admitted evidence pursuant to Rule 404(b) after performing the Rule 403 balancing analysis, its decision is reviewable only for abuse of discretion. See, e.g., United States v. Tarricone, 996 F.2d at 1422; United States v. Pitre, 960 F.2d at 1119. Further, if evidence was received without objection, its admission may be a
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