the penal law said a person can use the amount of physical force he recently believes is necessary to defend himself or others reasonably be too believed to be the imminent use of force or illegal use of force. the question i would imagine is what was going on in daniel penny's mind when they made the decision to get involved? >> exactly. there's an old saying in law which is when cases and this is going to be a test based upon the facts. those facts will be as follows, what was the demeanor of jordan neely on that train in an enclosed environment that he yells gun and takes off his jacket and that's clear he's ready to go all out. he throws the jacket down to what comes down to is a balancing test of whether or not what mr. penny did is reasonable in light of the threat that he perceived from jordan neely and
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