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PEOPLE v. SAUNDERS

168 A.D.2d 284 (1990)

The People of the State of New York, Respondent, v. Nathaniel Saunders, Appellant

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

December 11, 1990

Defendant argues that the trial court erred in denying his application that a renunciation charge be submitted to the jury as an affirmative defense. The evidence in this case makes clear that whatever arguable abandonment occurred in defendant's criminal purpose, it did not manifest voluntary and complete renunciation. (See, Penal Law § 40.10 [3].) Rather, the evidence indicates that circumstances existed which rendered...

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