NY § 25.00 Defenses; burden of proof.
State: New York
2010 New York Code
PEN – Penal
Part 1 – GENERAL PROVISIONS
Title C – DEFENSES
Article 25 – (25.00) DEFENSES IN GENERAL
§ 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.