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New York Penal Law Section 25.00 - Defenses; Burden Of Proof

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 25.00 - Defenses; Burden Of Proof

 
    § 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.

Last modified: July 30, 2006