Excerpted from New York Penal Law: Section 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary ... 3. 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 reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary. ... Section 140.20 Burglary in the third degree A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony. Tags: ?
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