This post to confirm that unlike most States using the M'Naghten Rule and the burden of proof is on the defendant, New York uses the Model Penal Code rule (and the burden of proof is on the defendant). In other words, for a well heeled defendant, this is a good thing for the prosecution. JMO
INSANITY
(LACK OF CRIMINAL RESPONSIBILITYBY REASON OF MENTAL DISEASE OR DEFECT)
Penal Law § 40.15
New York State and the insanity defense: Under our law, it is an affirmative defense to the crime(s)charged that, when the defendant engaged in the prohibited conduct, he/she lacked criminal responsibility by reason of mental disease or defect.
... Fifth, with respect to the term “wrong,” a person lacks substantial capacity to know or appreciate that conduct is wrong if that person, as a result of mental disease or defect, lacked substantial capacity to know or appreciate either that the conduct was against the law or that it was against commonly held moral principles, or both.
As I have explained,
the defendant has the burden of proving that he/she lacked criminal responsibility by reason of mental disease or defect and he/she must do so by a preponderance of the evidence. I remind you, however, that placing this burden of proof of the affirmative defense on the defendant does not relieve the People of the burden of proving, beyond a reasonable doubt, all the elements of the crime(s)charged.
In this case, one of those elements was (specify element containing culpable mental state; e.g. That the defendant intended to cause the death of ....). The affirmative defense does not transfer to the defendant the burden of proving (specify, e.g. That the defendant did not intend to cause the death of....”)
The burden remains on the People to prove (specify, e.g., That the defendant intended to cause the death of...) and to prove it beyond a reasonable doubt.
In determining whether the People have proven that element beyond a reasonable doubt, you may consider any evidence, psychiatric or otherwise, that relates to the defendant's state of mind at the time of the commission of the crime(s)charged. If you find that the People have not proven that element, or any other element beyond a reasonable doubt, then you must find the defendant not guilty. If you find that the People have proven all the elements beyond a reasonable doubt, then you must consider whether the defendant has proven the affirmative defense by a preponderance of the evidence.
In determining whether the defendant has proven the affirmative defense by a preponderance of the evidence, you may consider evidence introduced by the People or by the defendant, including but not limited to:
Select appropriate alternative(s): ....