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Old June 17, 2009, 09:28 PM   #228
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
Under NY Penal Law ยง 35.20(3), a person....
You said "in all states"....

Quote:
.."reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon * * * [that] person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of [the] burglary."
But you said "as long as he is in the house." Nothing at all about what one reasonably believes to be necessary. And remember, necessity was the key question. If not necessary, can it be legal?

Quote:
The legal advice is sound.
Is that really legal advice, or a simple parroting of the wording of the statute?

Do you really know what you are talking about?

No offense intended, but I learned long ago to not rely on a lay person's interpretation of the wording of any statute taken out of context, made without knowledge of case law, and based on dictionary definitions.

And I think the state to state variation may be critical here.
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