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Old June 19, 2009, 02:00 PM   #39
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
Quote:
Interesting. In most places you cannot prevent a trespasser from leaving, the reason being that such an act defeats the purpose of the law against trespassing.
See? NY's not as backasswards as some people think it is... always.

35.20
2. A person in possession or control of any premises, or a person
licensed or privileged to be thereon or therein, may use physical force
upon another person when he or she reasonably believes such to be
necessary to prevent or terminate what he or she reasonably believes to
be the commission or attempted commission by such other person of a
criminal trespass upon such premises. Such person may use any degree of
physical force, other than deadly physical force, which he or she
reasonably believes to be necessary for such purpose, and may use deadly
physical force in order to prevent or terminate the commission or
attempted commission of arson, as prescribed in subdivision one, or in
the course of a burglary or attempted burglary, as prescribed in
subdivision three.

This person clearly falls under the "criminal trespass" definition which is different, at least in NY, than simply "trespass".
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