N.Y. Penal Law § 35.05: Justification; generally

§ 35.05 Justification; generally.

Unless otherwise limited by the ensuing provisions of this article

defining justifiable use of physical force, conduct which would

otherwise constitute an offense is justifiable and not criminal when:

1. Such conduct is required or authorized by law or by a judicial

decree, or is performed by a public servant in the reasonable exercise

of his official powers, duties or functions; or

2. Such conduct is necessary as an emergency measure to avoid an

imminent public or private injury which is about to occur by reason of a

situation occasioned or developed through no fault of the actor, and

which is of such gravity that, according to ordinary standards of

intelligence and morality, the desirability and urgency of avoiding such

injury clearly outweigh the desirability of avoiding the injury sought

to be prevented by the statute defining the offense in issue. The

necessity and justifiability of such conduct may not rest upon

considerations pertaining only to the morality and advisability of the

statute, either in its general application or with respect to its

application to a particular class of cases arising thereunder. Whenever

evidence relating to the defense of justification under this subdivision

is offered by the defendant, the court shall rule as a matter of law

whether the claimed facts and circumstances would, if established,

constitute a defense.