New York Penal Law § 40.15 Mental disease or defect | Tim Wu | March 09, 2017


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New York Penal Law § 40.15 Mental disease or defect

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.


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March 09, 2017

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Tim Wu


Columbia Law School

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