Statute · New York Penal Law
N.Y. Penal Law § 25.00 — Defenses; burden of proof
N.Y. Penal Law § 25.00
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 25.00 Defenses; burden of proof.
Citator
N.Y. Penal Law § 25.00 — Defenses; burden of proof is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.