New York State Law

Penal Law

Consolidated Laws of New York's Penal code

Article 25 - NY Penal Law

DEFENSES IN GENERAL

Section Description
25.00Defenses; burden of proof.
S 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.

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NOTE: Penal Law code reviewed as of 01/01/2019. Several corrections/updates were made.