§ 40.15 Mental disease or defect.\n In any prosecution for an offense, it is an affirmative defense that\nwhen the defendant engaged in the proscribed conduct, he lacked criminal\nresponsibility by reason of mental disease or defect. Such lack of\ncriminal responsibility means that at the time of such conduct, as a\nresult of mental disease or defect, he lacked substantial capacity to\nknow or appreciate either:\n 1. The nature and consequences of such conduct; or\n 2. That such conduct was wrong.\n
N.Y. Penal Law § 40.15
Mental disease or defect
Applied in 23 court decisions — leading case Musaid v. Kirkpatrick (2024)
Most recently applied in Musaid v. Kirkpatrick (September 2024)
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.