The following excerpt is from Tardif v. City of N.Y., 991 F.3d 394 (2nd Cir. 2021):
13 Although codified in New York's penal law compilation, New York courts have applied Section 35.30 to both civil and criminal claims against police officers. Compare Brunelle v. City of New York , 269 A.D.2d 347, 702 N.Y.S.2d 648, 648-49 (2d Dep't 2000) (applying the justification statute to civil action against the City by police officer seeking to recover damages from injury sustained from fellow officer in the course of performing their duties), with People v. Colecchia , 251 A.D.2d 5, 674 N.Y.S.2d 10, 11 (1st Dep't 1998) (applying the justification statute to manslaughter charge against police officer).
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