17.16 - 1. Peace Officers And Justification

• Jurisdiction: New York

1. Peace Officers and Justification

Penal Law § 35.30 gives the justification defense to peace officers who use ordinary force to make or try to make an arrest, to defend themselves or another from imminent physical force or to prevent or try to prevent an escape from custody of someone they reasonably believe to have committed an offense. Needless to say, only that amount necessary to prevent escape or defend themselves or another is condoned.

The statute restricts the use of deadly force by a peace officer just as it does with others. Such force may be used only if the offense committed was a felony involving attempted use or threatened imminent use of physical (not necessarily deadly) force against someone; if the offense committed was kidnapping, arson, escape in the first degree...