[DOWNLOAD] "People State New York v. John Kohl" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. John Kohl
- Author : Court of Appeals of New York
- Release Date : January 07, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[72 N.Y.2d 191 Page 193] Opinion OF THE COURT The decisive issue is whether Penal Law § 40.15, defining New York's affirmative defense of mental
disease or defect, violates the State constitutional Due Process Clause because Penal Law § 25.00 (2) places the burden of
proof by a preponderance of evidence on defendants for all affirmative defenses. We conclude that there is no State constitutional
violation because placing this burden on the defendant does not relieve or transform the People's primary and constant burden
of proving, beyond a reasonable doubt, all the elements of the crimes charged, including all components of the applicable
[72 N.Y.2d 191 Page 194]
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