N.Y. PEN. LAW § 25.00 : NY Code - Section 25.00: Defenses; burden of proof
Search N.Y. PEN. LAW § 25.00 : NY Code - Section 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.