New York

NY Presumption of Innocence; Burden of Proof (in cases without an affirmative defense); Proof Beyond A Reasonable Doubt

New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions Burden of Proof Presumption of Innocence Burden of Proof (in cases with an affirmative defense) Proof Beyond A Reasonable Doubt NOTE: The difference between the instruction “with” an affirmative defense and the instruction “without” an affirmative defense is in the fourth paragraph that begins: […]

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NY 35.30 Justification; use of physical force in making an arrest or in preventing an escape.

New York Laws Penal Law (Pts. ONE — FOUR) Part ONE General Provisions (Titles A — C) Title C Defenses (Arts. 25 — 40) Article 35 Defense of Justification (§§ 35.00 — 35.45) § 35.30. Justification; use of physical force in making an arrest or in preventing an escape 1. A police officer or a

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NY 35.25 Justification; use of physical force to prevent or terminate larceny or criminal mischief.

New York Laws Penal Law (Pts. ONE — FOUR) Part ONE General Provisions (Titles A — C) Title C Defenses (Arts. 25 — 40) Article 35 Defense of Justification (§§ 35.00 — 35.45) § 35.25. Justification; use of physical force to prevent or terminate larceny or criminal mischief A person may use physical force, other

NY 35.25 Justification; use of physical force to prevent or terminate larceny or criminal mischief. Read More »

NY 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.

New York Laws Penal Law (Pts. ONE — FOUR) Part ONE General Provisions (Titles A — C) Title C Defenses (Arts. 25 — 40) Article 35 Defense of Justification (§§ 35.00 — 35.45) § 35.20. Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.

NY 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. Read More »

NY 35.15 Justification; use of physical force in defense of a person.

New York Laws Penal Law (Pts. ONE — FOUR) Part ONE General Provisions (Titles A — C) Title C Defenses (Arts. 25 — 40) Article 35 Defense of Justification (§§ 35.00 — 35.45) § 35.15. Justification; use of physical force in defense of a person. 1. A person may, subject to the provisions of subdivision

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