N.Y. Penal Law Section 25.00

  • burden of proof


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.


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 Dec. 9, 2023).

Dec. 9, 2023

Last modified:
Sep. 22, 2014

§ 25.00’s source at nysenate​.gov

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