|25.00||Defenses; 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. Top of Page
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NOTE: Penal Law code reviewed as of 01/01/2019. Several corrections/updates were made.