Keywords: New York, motion for acquittal based on insanity, types Description: A New York motion for acquittal based on insanity is a legal process where the defense argues that the defendant should be found not guilty by reason of insanity. This motion can be filed during the trial or after a guilty verdict is reached. It is a crucial defense strategy aimed at proving that the defendant lacked the mental capacity to understand the nature and consequences of their actions during the commission of the crime. There are two main types of New York motions for acquittal based on insanity: M'Heighten Rule and Model Penal Code (MPC) Rule. 1. M'Heighten Rule: The M'Heighten Rule, derived from the English case of M'Heighten in 1843, is an insanity defense standard followed in New York. Under this standard, the defendant must prove that, at the time of the offense, they suffered from a mental defect or disease that rendered them incapable of understanding the nature and consequences of their actions or distinguishing right from wrong. The defense must establish that the defendant's mental state was significantly impaired. 2. Model Penal Code (MPC) Rule: The MPC Rule is an insanity defense standard developed by the American Law Institute. New York also recognizes this rule. To succeed on this motion, the defense must prove that the defendant had a mental defect or disease that substantially impaired their ability to appreciate the criminality of their conduct or conform their behavior to the requirements of the law. Both types of motions require expert testimony from mental health professionals to provide evidence of the defendant's mental state at the time of the offense. The defense must provide compelling evidence that the defendant's mental condition meets the specific criteria outlined by the respective rule. Filing a motion for acquittal based on insanity is a complex legal process in New York. It requires a skilled defense attorney who can gather substantial evidence and present a convincing case. If successful, the court may acquit the defendant and provide appropriate mental health treatment instead of incarceration.