§ 25.00 Defenses; burden of proof.\n 1. When a "defense," other than an "affirmative defense," defined by\nstatute is raised at a trial, the people have the burden of disproving\nsuch defense beyond a reasonable doubt.\n 2. When a defense declared by statute to be an "affirmative defense"\nis raised at a trial, the defendant has the burden of establishing such\ndefense by a preponderance of the evidence.\n
N.Y. Penal Law § 25.00
Defenses; burden of proof
Applied in 40 court decisions — leading case People v. Johnson
Most recently applied in People v. Hobson (October 2023)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.