As the court observed: To apply a strict liability standard in evaluating the other elements of this defense, however, and to find that only those actors who have actually averted a greater harm may avail themselves of the defense, is inconsistent with the law of justification in New York, as well as necessity's basic purpose to promote societal interests.However, the defendant is subject to strict liability as to which harm is greater.
In general, to use physical force a private citizen must in fact be correct that a person has committed an offense, while a police officer must only have a reasonable belief.
… And although confinement reasonably perceived to be unlawful may invite escape, the person falsely imprisoned is not relieved of the duty of reasonable care for his own safety in extricating himself from the unlawful detention.In the event that the defiant guilty intruder is an unknown stranger in an act of malfeasance, a landowner or lawful occupant may choose to invoke his statutory right to "arrest" the intruder and to hold him for, or to "deliver" him promptly to, the Police.
A private person acting on his own account may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he reasonably believes to have committed an offense [in his presence] and who in fact has committed such offense; and [after giving due notice of the grounds for the arrest] he may use deadly physical force for such purpose when he reasonably believes such to be necessary to: A Canajoharie, New York, car thief's efforts were put in park after a potential victim pressed a shotgun to the criminal's throat.
Confronted by an armed and angry Stetin, the crook rested quietly on the ground and waited for police to arriveThe Year 2000 Annual Report of the New York State Police, carried an article, titled "He Sure Picked the Wrong House," featuring a hunter not unwilling to arrest a criminal at gunpoint, and to shoot as "necessary" to defend himself, and as necessary to prevent the escape of the burglar/thief.
Note: a group of people "kicking and punching" a person on the ground has been considered to be a "use of deadly physical force."
New York common law has always distinguished between the mere "display" and brandishing or pointing of a gun and the actual use of "deadly force".
The Supreme Court held that each of the Second and Fourteenth Amendments "protects the right to possess a handgun in the home for the purpose of self-defense."
James Otis attacked the Writ of Assistance because its use placed 'the liberty of every man in the hands of every petty officer.'
] His powerful argument so impressed itself first on his audience and later on the People of all the Colonies that President Adams was in retrospect moved to say that 'American Independence was then and there born.'
People v. Davis, 72 N.Y.2d 32; 530 N.Y.S.2d 529 (1988) In People v. Chrysler, 85 N.Y.2d 413, 649 N.E.2d 1162, 626 N.Y.S.2d 18 (1995) (https://www.law.cornell.edu/ny/ctap/085_0413.htm), the court indicated that pointing a gun that been "rendered inoperable," even temporarily inoperable, is not an endangerment/deadly force situation, but that pointing a gun with your finger on a hair-trigger, such that "any sudden movement by the complainant or defendant could readily have resulted in the accidental discharge of the weapon" does constitute deadly force/endangerment.
Allegedly protective conduct in drawing and aiming a loaded and cocked weapon [having a "hair trigger" and NO SAFETY such that the "slightest movement" or "extremely light pressure" on the trigger could fire it] but not firing it intentionally ... unquestionably placed [the offender] in the imminent risk of grave danger [i.e., reckless endangerment] and constituted the 'use of deadly physical force.'
The mere display or brandishing of a pistol may, perhaps, create an insufficient imminent threat to life to be considered the 'use' of deadly physical force.
But, leveling a loaded pistol, with the cocked hammer set to release under the slightest pressure, and pointing it at another .... is conduct well beyond a [threat], warning or preparation for a deadly act.