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

§ 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.