Criminal Law Web

NEW YORK PENAL LAW
 ARTICLE 25--DEFENSES IN GENERAL

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.