N.Y. Penal Law § 35.15: Justification; use of physical force in defense of a person

§ 35.15 Justification; use of physical force in defense of a person.

1. A person may, subject to the provisions of subdivision two, use

physical force upon another person when and to the extent he or she

reasonably believes such to be necessary to defend himself, herself or a

third person from what he or she reasonably believes to be the use or

imminent use of unlawful physical force by such other person, unless:

(a) The latter's conduct was provoked by the actor with intent to

cause physical injury to another person; or

(b) The actor was the initial aggressor; except that in such case the

use of physical force is nevertheless justifiable if the actor has

withdrawn from the encounter and effectively communicated such

withdrawal to such other person but the latter persists in continuing

the incident by the use or threatened imminent use of unlawful physical

force; or

(c) The physical force involved is the product of a combat by

agreement not specifically authorized by law.

2. A person may not use deadly physical force upon another person

under circumstances specified in subdivision one unless:

(a) The actor reasonably believes that such other person is using or

about to use deadly physical force. Even in such case, however, the

actor may not use deadly physical force if he or she knows that with

complete personal safety, to oneself and others he or she may avoid the

necessity of so doing by retreating; except that the actor is under no

duty to retreat if he or she is:

(i) in his or her dwelling and not the initial aggressor; or

(ii) a police officer or peace officer or a person assisting a police

officer or a peace officer at the latter's direction, acting pursuant to

section 35.30; or

(b) He or she reasonably believes that such other person is committing

or attempting to commit a kidnapping, forcible rape, forcible aggravated

sexual abuse, a crime formerly defined in section 130.50 of this chapter

by force, or robbery; or

(c) He or she reasonably believes that such other person is committing

or attempting to commit a burglary, and the circumstances are such that

the use of deadly physical force is authorized by subdivision three of

section 35.20.