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BPD: Resident attacks, kills man who broke into Buffalo home

Posted at 8:22 PM, Jul 05, 2023

BUFFALO, N.Y. — Buffalo police said one person is dead following a burglary on Longview Avenue early Monday morning.

Police responded to a robbery in progress call at around 3:15 a.m. Upon arrival, police located one person deceased.

According to police, a resident attacked and fatally injured the the man who attempted the break-in.

The resident was transported to ECMC where he was treated and released for his injuries.

Police say the two individuals did not know each other. The homicide department is working with the Erie County District Attorney's Office in this investigation.

7 News Anchor Jeff Russo reached out to retired attorney Robert N. Convissar to learn more about your rights in protecting your home and family in New York State. Convissar has roughly 40 years experience in criminal defense work. He is not involved in this case of the investigation but shared his expertise on similar situations.

"In normal circumstances if a person comes into your home, and you find them in there in the middle of the night, or the middle of the day, it doesn't make a difference, you can use deadly physical force," said Convissar.

Convissar added that the rights of a person to protect themselves and their property inside their home in New York are straight forward. "The law calls it justification. It's a complicated statute, has a lot of ins and outs, but the bottom line is a homeowner can defend his house forom anyone that comes inside to do wrong. It's clear cut," said Convissar.

Convissar different rules and rights apply to situations or attacks outside of the home.

"If you are out on the street, different factors apply," said Convissar, "You're no longer defending your house, or your castle, you are now in a situation where you're defending yourself as a person or another person. Some other rules apply to that situation in New York, and other states, you have a duty to escape."

As for how often homeowners are on the wrong side of the law in defending themselves?

"On the wrong side, where the homeowner ends up shooting someone and ends up convicted of a crime? Not all that often," said Convissar, "If you're the homeowner and there's a situation where there was a crime committed in your house. You are pretty much protected by these laws."