N.Y. Penal Law § 25.00 : Defenses — Penal — Defenses In General — Defenses; burden of proof

10 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

1. When a "defense," other than an "affirmative defense," defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt.
2. When a defense declared by statute to be an "affirmative defense" is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence.
N.Y. Penal Law § 25.00