PEOPLE v. REYNOLDS


156 A.D.2d 597 (1989)

The People of the State of New York, Respondent, v. Michael Reynolds, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 1989


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in denying his request that the jury be charged on the defense of renunciation. We disagree. While it is true that the defense of renunciation provided for in Penal Law § 40.10 (3) permits "a person who is guilty of an attempt crime to escape [responsibility] if he can show that he voluntarily abandoned the criminal enterprise before committing the crime attempted...

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