Reply To: Review of “Use of Force” & “Lethal Use of Force” Laws

A couple of points about the “duty to retreat” in NY.
1. Retreat is required only when possible to do so in” perfect safety”. If retreat places you in continuing jeopardy, no retreat is required. As an extreme example, it the assailant is armed with a gun, no duty to retreat exists as you probably cannot outrun a bullet.
2. The duty to retreat only exists when the confrontation is at hand. There is no requirement to avoid going to, or being in, any place where one has a legal right to be simply to avoid a possible confrontation.