§ 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has withdrawn from the encounter and effectively communicated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 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
criminal sexual act or robbery; or
(As amended L. 2003, c. 264, effective 11/1/03).
(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.
NYSentencing