New York Laws
Penal Law (Pts. ONE — FOUR)
Part ONE General Provisions (Titles A — C)
Title C Defenses (Arts. 25 — 40)
Article 25 Defenses in General (§ 25.00)

§ 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.

 

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