In a New York Times story, James A. Cohen discusses the application of New York State law, under which people have the right to use deadly physical force when confronted with the imminent use of deadly physical force, in the case of William J. Groomes a 69-year-old retired New York City correction officer who killed a man in a subway shooting.
But unlike states with “stand your ground” laws, such as Florida, New York imposes a duty to retreat before deadly force is used, said James A. Cohen, a criminal defense lawyer and Fordham University Law School professor. “That’s the difference with a cop, who doesn’t have a duty to retreat,” Mr. Cohen said.
Any decision to bring charges, he said, would turn on who had been the aggressor, at first as well as just before the gunfire.
As for the idea that Mr. Groomes planned to arrest the two men, Mr. Cohen said: “People, even though armed, don’t go about trying to arrest people they have altercations with. And for good reason.”
Read the full New York Times article here.