N.Y. Penal Law § 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.