The defendant has the burden of proving legal justification or “privilege” as an affirmative defense; “privilege” is not present as it would be if some crime has been committed.See,WallaceAlbany, 283 AD2d 872, 725 NYS2d 728 (3d Dept. 2001);Matter of William H., 264 AD2d 676, 695...
If phone-wielding teenagers are allowed to legally drive 3-ton 300 horsepower pickup trucks on residential streets, then surely it is acceptable for a 185 pound man with a motorcycle license and some basic motocross training to enjoy his 0.6 horsepower electric motor without a speed limiter insta...