Laws of New York (Last Updated: November 21, 2014) |
PEN Penal |
Part ONE. GENERAL PROVISIONS |
Title C. DEFENSES |
Article 25. DEFENSES IN GENERAL |
Section 25.00. Defenses; burden of proof
Latest version.
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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.