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452 A.2d 974

State v. Green

Supreme Judicial Court of Maine

Decided November 29, 1982

Supreme Judicial Court of Maine · decided 1982-11-29

Cited by 2 later decisions — most recently May 1995

2 state decisions

Relies on State v. Lagasse

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-29

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¶1MEMORANDUM OF DECISION

¶2Stephen Green appeals from his conviction on two counts of Burglary (Class C), 17-A M.R.S.A. § 401, following a jury trial in Superior Court, Penobscot County. Green claims that the presiding justice’s refusal to permit testimony attacking the reputation for truthfulness of a State’s witness, on the grounds that the proferred evidence was too remote, was an abuse of discretion requiring a reversal of his convictions.

¶3It is a basic rule that the balancing of the probative value of evidence against its unfairly prejudicial effect rests within the sound discretion of the presiding justice. M.R.Evid. 403; State v. Lagasse, 410 A.2d 537, 541 (Me.1980). The record on appeal fails to convince us that the presiding justice’s ruling constituted an abuse of discretion.

¶4The entry is:

¶5Judgment affirmed.

¶6All concurring.

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