New York law states that self defense using deadly physical force is not permitted unless a person reasonably believes that deadly physical force is being used or is about to be used on himself, herself or a third person. Even in such a situation however, the law imposes on a person a duty to retreat before he or she can resort to using deadly physical force if they can retreat with complete safety.
If the guy genuinely believed his life was in danger then according to the law, he could use lethal force because he literally had no place to retreat. He could probably argue the the violence was escalating leaving him no choice but it might be a tough sell to a jury. If he's been robbed or assaulted before that may help speak to his state of mind, but again, it might be difficult to convince a jury.
New York law states that self defense using deadly physical force is not permitted unless a person reasonably believes that deadly physical force is being used or is about to be used on himself, herself or a third person. Even in such a situation however, the law imposes on a person a duty to retreat before he or she can resort to using deadly physical force if they can retreat with complete safety.
If the guy genuinely believed his life was in danger then according to the law, he could use lethal force because he literally had no place to retreat. He could probably argue the the violence was escalating leaving him no choice but it might be a tough sell to a jury. If he's been robbed or assaulted before that may help speak to his state of mind, but again, it might be difficult to convince a jury.
He should argue that he was attempting to leave the store, but Simon grabbed him and held him captive. That's really his only saving grace.