17.13 - IV. “Ordinary” Defenses

• Jurisdiction: New York

IV. “ORDINARY” DEFENSES

As described above, the “ordinary” defenses defined by statute differ from “affirmative defenses” in that they generally negate an element of the crime rather than constitute a plea in confession and avoidance. “Ordinary” defenses must be disproved by the People beyond a reasonable doubt. The defenses must be charged to the jury if any reasonable view of the evidence, in a light most favorable to the accused, allows for application of the defense.²⁶⁸¹ “Ordinary” defenses defined in...