2013 New York Consolidated Laws
GBS - General Business
Article 12-B - (217 - 218-AA) MERCANTILE ESTABLISHMENTS
218 - Defense of lawful detention.

 
    §  218.  Defense  of lawful detention. In any action for false arrest,
  false  imprisonment,  unlawful  detention,  defamation   of   character,
  assault, trespass, or invasion of civil rights, brought by any person by
  reason  of  having  been detained on or in the immediate vicinity of the
  premises of (a) a retail mercantile establishment  for  the  purpose  of
  investigation   or   questioning   as   to  criminal  possession  of  an
  anti-security item as defined in section 170.47 of the penal law  or  as
  to the ownership of any merchandise, or (b) a motion picture theater for
  the  purposes  of  investigation  or  questioning as to the unauthorized
  operation of a recording device in a motion picture theater, it shall be
  a defense to such action that the person was detained  in  a  reasonable
  manner  and  for  not  more  than  a  reasonable  time  to  permit  such
  investigation or questioning by a peace officer acting pursuant  to  his
  special  duties, police officer or by the owner of the retail mercantile
  establishment or motion picture  theater,  his  authorized  employee  or
  agent,  and  that  such officer, owner, employee or agent had reasonable
  grounds to believe that the person so detained was  guilty  of  criminal
  possession  of an anti-security item as defined in section 170.47 of the
  penal law or was committing or attempting  to  commit  larceny  on  such
  premises  of  such  merchandise  or  was  engaged  in  the  unauthorized
  operation of a recording device in a motion picture theater. As used  in
  this section, "reasonable grounds" shall include, but not be limited to,
  knowledge  that  a  person  (i)  has concealed possession of unpurchased
  merchandise of a retail mercantile establishment, or (ii) has possession
  of an item designed for the purpose of overcoming detection of  security
  markings  attachments  placed on merchandise offered for sale at such an
  establishment, or (iii) has  possession  of  a  recording  device  in  a
  theater  in  which a motion picture is being exhibited and a "reasonable
  time" shall mean the time necessary to permit  the  person  detained  to
  make  a  statement  or  to  refuse  to  make  a  statement, and the time
  necessary  to  examine  employees  and   records   of   the   mercantile
  establishment   relative   to  the  ownership  of  the  merchandise,  or
  possession of such an item or device. Such detention  at  such  vicinity
  shall  not  authorize  the  taking of such person's fingerprints at such
  vicinity unless the taking of fingerprints is  otherwise  authorized  by
  section  160.10  of  the  criminal  procedure  law  and are taken by the
  arresting or  other  appropriate  police  officer  or  agency  described
  therein  in  accordance  with  section  140.20  or  140.27  of such law.
  Whenever fingerprints are taken, the requirements of article one hundred
  sixty of the criminal procedure law shall apply as if  fully  set  forth
  herein.