§ 40.15 Mental disease or defect.

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Terms Used In N.Y. Penal Law 40.15

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:

1. The nature and consequences of such conduct; or

2. That such conduct was wrong.