How much evidence need to be testified to raise the affirmative defense?
"New York", United States of America
The following excerpt is from People v. Burns, 115 Misc.2d 897, 454 N.Y.S.2d 807 (N.Y. City Ct. 1982):
How much evidence need be testified to to "raise" the affirmative defense, thereby shifting the burden? The defendant's evidence need not be "ironclad", but must be substantial. See People v. Bacon, 84 A.D.2d 680, 446 N.Y.S.2d 634 (4th Dept. 1981). See also People v. Allen, 74 A.D.2d 640, 425 N.Y.S.2d 144 (2d Dept. 1980).
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