What is the test for determining whether a police force was justified in its actions in the context of an assault?

"New York", United States of America

The following excerpt is from People v. Fenti, 57 Misc.3d 471, 62 N.Y.S.3d 887 (N.Y. Cty. Ct. 2017):

"In evaluating police conduct, the court must determine whether the action taken was justified in its inception and at every subsequent stage of the encounter"

[57 Misc.3d 475]

( People v. De Bour, 40 N.Y.2d 210, 215, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976] ).

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