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.
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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