When Can You Use Deadly Force?

July 29, 2013 Updated Jul 29, 2013 at 11:19 PM EDT

By John Borsa

July 29, 2013 Updated Jul 29, 2013 at 11:19 PM EDT

BUFFALO, NY (WKBW) - Just after 7 o'clock Sunday night, a male resident was out in front of his Buffalo home on Minnesota Avenue washing his car when he was approached by two men who Buffalo Police say tried to rob him.

The man pulled out his firearm and shot the men. Police say the gun is licensed and the man has a carry permit. He is not being identified.

In New York State, you can use deadly force to protect yourself and your property. In most cases, though, you have to retreat if you can. In this case, it appears the victim was within his legal rights to shoot the men.

Police said he will not be charged.

Robert Moore, 19, and Bernard Byrd III, 21, both of Buffalo, face robbery charges. Byrd remains hospitalized at Erie County Medical Center.

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