Under Penal Law 35.20, what justifies the use of physical force by a landlord against a trespasser?

The justification for the use of physical force by a landlord against a trespasser under Penal Law 35.20 hinges on the concept of protecting property rights. This law recognizes that individuals have a legitimate interest in their property and that they may need to take reasonable steps to prevent harm to or unlawful interference with their possessions.

Utilizing physical force must be proportionate to the threat presented by the trespasser and is meant strictly for the purpose of defending one's property. This means that if a trespasser poses a real threat or is actively trying to damage or invade the landlord's property, the use of force can be justified as a protective measure, as opposed to actions motivated by anger, a desire to assert dominance, or intimidation.

These other motivations do not meet the legal standard; they stem from personal emotions or an intent to control rather than a legitimate response to the violation of property rights. Thus, the landlord's response must always align with the need to protect their property in a lawful and measured manner.