§ 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.
NYSentencing