NY Penal L § 35.30 (2021)
2021 New York Laws PEN - Penal Part 1 - General Provisions Title C - Defenses Article 35 - Defense of Justification 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.