NY § 25.00 Defenses; burden of proof.

State: New York

 

2010 New York Code

PEN – Penal
Part 1 – GENERAL PROVISIONS
Title C – DEFENSES 

Article 25 – (25.00) DEFENSES IN GENERAL 

§ 25.00 Defenses; burden of proof.

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.