A. Insanity Defense

JurisdictionNew York

A. Insanity Defense

The insanity defense is contained in Penal Law § 40.15. The basis of the defense is that, as a result of mental disease or defect, the defendant lacked substantial capacity to know or appreciate either the nature and consequences of his or her conduct or that such conduct was wrong.

When pleading insanity as an affirmative defense, the defense has the burden of proof by a preponderance of the evidence. Even if it is not offered as a complete affirmative defense, the defense can...

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