What is the two-part inquiry for admissibility of uncharged crimes in New York?

• A. Identify a material issue and weigh probative worth against prejudice
• B. Prove beyond a reasonable doubt; convict
• C. Only the judge decides
• D. The jury determines probative value

Answer: (A)

In New York, admitting uncharged crimes (prior bad acts) is governed by a two-step test. First, the evidence must be relevant to a material issue in the case—such as identity, intent, motive, opportunity, or knowledge. Second, the court must balance the probative value of that evidence against the risk of unfair prejudice, confusion, or delay, and only permit it if the probative value outweighs the prejudice. The judge makes this admissibility decision, often with limiting instructions to guide the jury. The other options miss this balancing approach or confuse who decides or what standard applies.