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NEW YORK STATUTES AND CODES

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.

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