Relevant evidence excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
: in NY, evidence not thrown out due to "waste of time," but may be excluded for "unfair surprise."
Relevance conditioned on fact
- Federal rule: judge must determine that conditional fact could be found by jury on preponderance of the evidence before allowing evidence.
- NY Rule: does not require judge to make any determinations, just requires that a jury could rationally find the conditioned fact before allowing the evidence.