2022 New York Laws
PEN - Penal
Part 1 - General Provisions
Title C - Defenses
Article 35 - Defense of Justification
35.30 - Justification; Use of Physical Force in Making an Arrest or in Preventing an Escape.

§  35.30  Justification; use of physical force in making an arrest or in
          preventing an escape.
  1. A police officer or a peace officer, in the course of effecting  or
attempting  to  effect  an  arrest,  or  of  preventing or attempting to
prevent the escape from custody, of a person whom he or  she  reasonably
believes  to  have committed an offense, may use physical force when and
to the extent he or she reasonably believes  such  to  be  necessary  to
effect  the  arrest,  or  to  prevent  the  escape  from  custody, or in
self-defense or to defend a third person from what he or she  reasonably
believes  to  be  the use or imminent use of physical force; except that
deadly physical force may be used for such purposes only when he or  she
reasonably believes that:
  (a) The offense committed by such person was:
  (i)  a  felony  or  an attempt to commit a felony involving the use or
attempted use or threatened imminent use of  physical  force  against  a
person; or
  (ii)  kidnapping,  arson,  escape in the first degree, burglary in the
first degree or any attempt to commit such a crime; or
  (b) The offense committed or attempted by such person was a felony and
that, in the course of resisting arrest therefor or attempting to escape
from custody, such person is armed with a firearm or deadly weapon; or
  (c) Regardless of the particular offense which is the subject  of  the
arrest  or  attempted  escape,  the  use  of  deadly  physical  force is
necessary to defend the police  officer  or  peace  officer  or  another
person  from  what  the  officer  reasonably  believes  to be the use or
imminent use of deadly physical force.
  2. The fact that a police officer or a peace officer is  justified  in
using deadly physical force under circumstances prescribed in paragraphs
(a)  and  (b)  of  subdivision one does not constitute justification for
reckless conduct by such police officer or peace officer amounting to an
offense against or with respect to innocent persons whom he  or  she  is
not seeking to arrest or retain in custody.
  3.  A  person  who  has  been  directed by a police officer or a peace
officer to assist such police officer or  peace  officer  to  effect  an
arrest  or  to  prevent  an  escape from custody may use physical force,
other than deadly physical force, when and to the extent that he or  she
reasonably  believes  such  to  be  necessary  to  carry out such police
officer's or peace officer's direction, unless he or she knows that  the
arrest  or  prospective  arrest is not or was not authorized and may use
deadly physical force under such circumstances when:
  (a)  He  or  she  reasonably  believes  such  to  be   necessary   for
self-defense  or to defend a third person from what he or she reasonably
believes to be the use or imminent use of deadly physical force; or
  (b) He or she is directed or authorized  by  such  police  officer  or
peace  officer  to use deadly physical force unless he or she knows that
the police officer or peace officer is  not  authorized  to  use  deadly
physical force under the circumstances.
  4.  A private person acting on his or her own account may use physical
force, other than deadly physical force, upon another person when and to
the extent that he or she reasonably believes such to  be  necessary  to
effect  an arrest or to prevent the escape from custody of a person whom
he or she reasonably believes to have committed an offense  and  who  in
fact  has  committed such offense; and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:
  (a) Defend himself, herself or a third person  from  what  he  or  she
reasonably  believes  to  be  the use or imminent use of deadly physical
force; or
  (b)  Effect  the  arrest  of  a  person  who  has  committed   murder,
manslaughter  in  the  first  degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.
  5.  A  guard,  police officer or peace officer who is charged with the
duty of guarding prisoners in a detention  facility,  as  that  term  is
defined  in  section  205.00, or while in transit to or from a detention
facility, may use physical force when and to the extent that he  or  she
reasonably  believes  such  to  be  necessary to prevent the escape of a
prisoner from a detention facility or  from  custody  while  in  transit
thereto or therefrom.