{"jurisdiction": "us-ny", "code": "penal", "section": "25.00", "citation": "Penal Law § 25.00", "heading": "Defenses; burden of proof", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/25.00", "from_official_api": true, "plain_english": "- **(1)** When the defendant raises a statutory **defense** that is not an affirmative defense, **the prosecution must disprove it beyond a reasonable doubt**. ★\n- **(2)** When the defendant raises a statutory **affirmative defense**, **the defendant must prove it by a preponderance of the evidence**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/25.00", "publisher": "Elyphived LLC"}