Order reversed, insofar as appealed from, on the law, motion to inspect Grand Jury minutes and to dismiss the indictment denied, and indictment reinstated.
The indictment was dismissed upon the ground that the evidence before the Grand Jury clearly established the defense of renunciation as defined in subdivision 3 of section 40.10 (formerly § 35.45) of the Penal Law. Under that statute, such renunciation must be "voluntary and complete", that is, it must not...
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