N.Y. Penal Law Section 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.

Source: Section 25.00 — Defenses; burden of proof, https://www.­nysenate.­gov/legislation/laws/PEN/25.­00 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 25.00’s source at nysenate​.gov

Link Style