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15 Jul 2014, 11:23 am by Bill Easton
  Recognizing this burden, and the unfairness of foisting it on an unwilling defendant, the Court of Appeals has repeatedly reversed cases where an affirmative defense was imposed on an unwilling defendant (see e.g., People v Bradley, 88 NY2d 901, 902 [1996] [extreme emotional disturbance]; People v DeGina, 72 NY2d 768, 776-777 [1988] [entrapment]).New York Affirmative DefensesNew York Penal Law Article 40 groups the general affirmative defenses that apply to all… [read post]
13 Apr 2007, 6:25 am
For a copy of the Appellate Division's decision, please use this link: Lipman v. [read post]
14 Jun 2014, 2:53 pm by Stephen Bilkis
Here, the government applies a gender-based approach; it bears the burden of demonstrating that there is an exceedingly persuasive basis for the gender distinction. [read post]
7 Feb 2014, 7:40 am by Jay Yurkiw
Undue burden Energy Intelligence Group, Inc. v. [read post]