N.Y. PEN Law § 35.30 — New York Code / Act PEN / Part 1 / Title C / Article 35 / Section 35.30
Justification; use of physical force in making an arrest or in preventing an escape
Status: in_force

§ 35.30 Justification; use of physical force in making an arrest or in\n          preventing an escape.\n  1. A police officer or a peace officer, in the course of effecting or\nattempting to effect an arrest, or of preventing or attempting to\nprevent the escape from custody, of a person whom he or she reasonably\nbelieves to have committed an offense, may use physical force when and\nto the extent he or she reasonably believes such to be necessary to\neffect the arrest, or to prevent the escape from custody, or in\nself-defense or to defend a third person from what he or she reasonably\nbelieves to be the use or imminent use of physical force; except that\ndeadly physical force may be used for such purposes only when he or she\nreasonably believes that:\n  (a) The offense committed by such person was:\n  (i) a felony or an attempt to commit a felony involving the use or\nattempted use or threatened imminent use of physical force against a\nperson; or\n  (ii) kidnapping, arson, escape in the first degree, burglary in the\nfirst degree or any attempt to commit such a crime; or\n  (b) The offense committed or attempted by such person was a felony and\nthat, in the course of resisting arrest therefor or attempting to escape\nfrom custody, such person is armed with a firearm or deadly weapon; or\n  (c) Regardless of the particular offense which is the subject of the\narrest or attempted escape, the use of deadly physical force is\nnecessary to defend the police officer or peace officer or another\nperson from what the officer reasonably believes to be the use or\nimminent use of deadly physical force.\n  2. The fact that a police officer or a peace officer is justified in\nusing deadly physical force under circumstances prescribed in paragraphs\n(a) and (b) of subdivision one does not constitute justification for\nreckless conduct by such police officer or peace officer amounting to an\noffense against or with respect to innocent persons whom he or she is\nnot seeking to arrest or retain in custody.\n  3. A person who has been directed by a police officer or a peace\nofficer to assist such police officer or peace officer to effect an\narrest or to prevent an escape from custody may use physical force,\nother than deadly physical force, when and to the extent that he or she\nreasonably believes such to be necessary to carry out such police\nofficer's or peace officer's direction, unless he or she knows that the\narrest or prospective arrest is not or was not authorized and may use\ndeadly physical force under such circumstances when:\n  (a) He or she reasonably believes such to be necessary for\nself-defense or to defend a third person from what he or she reasonably\nbelieves to be the use or imminent use of deadly physical force; or\n  (b) He or she is directed or authorized by such police officer or\npeace officer to use deadly physical force unless he or she knows that\nthe police officer or peace officer is not authorized to use deadly\nphysical force under the circumstances.\n  4. A private person acting on his or her own account may use physical\nforce, other than deadly physical force, upon another person when and to\nthe extent that he or she reasonably believes such to be necessary to\neffect an arrest or to prevent the escape from custody of a person whom\nhe or she reasonably believes to have committed an offense and who in\nfact has committed such offense; and may use deadly physical force for\nsuch purpose when he or she reasonably believes such to be necessary to:\n  (a) Defend himself, herself or a third person from what he or she\nreasonably believes to be the use or imminent use of deadly physical\nforce; or\n  (b) Effect the arrest of a person who has committed murder,\nmanslaughter in the first degree, robbery, forcible rape or forcible\ncriminal sexual act and who is in immediate flight therefrom.\n  5. A guard, police officer or peace officer who is charged with the\nduty of guarding prisoners in a detention facility, as that term is\ndefined in section 205.00, or while in transit to or from a detention\nfacility, may use physical force when and to the extent that he or she\nreasonably believes such to be necessary to prevent the escape of a\nprisoner from a detention facility or from custody while in transit\nthereto or therefrom.\n