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In NY State have 5 guys break into your home and hold you at gunpoint, you pull out your trusty pistole and fire away killing 2 and wounding the other three. The robbers and their next of kin can press charges against the home owner and its possible the homeowner will see jail time.


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What, where are you getting this from? At the very least you are being intentionally vague here and eluding to some miscarriage of justice that you heard about.

According to NYS law you are allowed to use deadly physical force against anyone who is committing robbery (against you or a 3rd party), or committing burglary on a premise that you are in control of, or in self defense when you feel that yourself or a 3rd party are in imminent danger of death due to force from another.

Perhaps you are referring to lesser charges such as weapons possession but if that's the case you are being disingenuous with the wording of your story.

The above information comes straight from article 35.20(3) and 35.30(4) of the New York State Penal Law and I'm sure there are a few people on this site who can verify that.

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Well, here's an applicable section; I've bolded the parts dealing with the use of deadly force and retreat:

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S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he reasonably
believes such to be necessary to defend himself or a third person from
what he reasonably believes to be the use or imminent use of unlawful
physical force by such other person, unless:
(a) The latter`s conduct was provoked by the actor himself with intent
to cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case his
use of physical force is nevertheless justifiable if he has withdrawn
from the encounter and effectively communicated such withdrawal to such
other person but the latter persists in continuing the incident by the
use or threatened imminent use of unlawful physical force; or
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) He reasonably believes that such other person is using or about to
use deadly physical force. Even in such case, however, the actor may not
use deadly physical force if he knows that he can with complete safety
as to himself and others avoid the necessity of so doing by retreating;
except that he is under no duty to retreat if he is:
(i) in his dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He reasonably believes that such other person is committing or
attempting to commit a kidnapping, forcible rape, forcible sodomy or
robbery; or
(c) He reasonably believes that such other person is committing or
attempting to commit a burglary, and the circumstances are such that the
use of deadly physical force is authorized by subdivision three of
section 35.20.

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