N.Y. PEN Law § 35.05

§ 35.05 Justification; generally.\n Unless otherwise limited by the ensuing provisions of this article\ndefining justifiable use of physical force, conduct which would\notherwise constitute an offense is justifiable and not criminal when:\n 1. Such conduct is required or authorized by law or by a judicial\ndecree, or is performed by a public servant in the reasonable exercise\nof his official powers, duties or functions; or\n 2. Such conduct is necessary as an emergency measure to avoid an\nimminent public or private injury which is about to occur by reason of a\nsituation occasioned or developed through no fault of the actor, and\nwhich is of such gravity that, according to ordinary standards of\nintelligence and morality, the desirability and urgency of avoiding such\ninjury clearly outweigh the desirability of avoiding the injury sought\nto be prevented by the statute defining the offense in issue. The\nnecessity and justifiability of such conduct may not rest upon\nconsiderations pertaining only to the morality and advisability of the\nstatute, either in its general application or with respect to its\napplication to a particular class of cases arising thereunder. Whenever\nevidence relating to the defense of justification under this subdivision\nis offered by the defendant, the court shall rule as a matter of law\nwhether the claimed facts and circumstances would, if established,\nconstitute a defense.\n