There is a newer version
of
the New York Laws
2018 New York Laws
PEN - Penal
Part 1 - General Provisions
Title C - Defenses
Article 25 - Defenses in General
25.00 - Defenses; Burden of Proof.
Universal Citation: NY Penal L § 25.00 (2018)
§ 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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