Self-Defense Laws in New York

New York has a duty to retreat. Even when the actor reasonably believes another person is using or about to use deadly physical force, the actor may not use deadly physical force if he or she knows that with complete personal safety to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is in his or her dwelling and not the initial aggressor, or is a police officer or peace officer (or a person assisting one at the officer's direction). Deadly physical force may also be used when the actor reasonably believes the other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse or robbery, or a burglary as provided in § 35.20(3).

No duty to retreat in one's dwelling if not the initial aggressor (§ 35.15(2)(a)). A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary (§ 35.20(3)).