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.