1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 1: General Provisions
  5. Title C: Defenses
  6. Article 25: Defenses In General

Section 25.00 Defenses; burden of proof

Penal (PEN)

  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.