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New York statute

N.Y. Penal Law § 25.00 — Defenses; burden of proof

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 25: Defenses In General, New York Penal Law.

Full text of N.Y. Penal Law § 25.00

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 25.00Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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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