Legal Opinion
People v. Kohl
New York Court of Appeals
Decided June 7, 1988PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
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,…
2Cases cited17 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Leland v. OregonSupreme Court of the United States · 1952
- New York v. ClassSupreme Court of the United States · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- State v. JoynerSupreme Court of Connecticut · 1993
- People v. GenslerNew York Court of Appeals · 1988
- People v. SilburnCourt for the Trial of Impeachments and Correction of Errors · 2018
- People v. WilhelmAppellate Division of the Supreme Court of the State of New York · 2006
- People v. LaGuerreAppellate Division of the Supreme Court of the State of New York · 2006
48 more not listed; retrieve them via the Exa API.