PEOPLE v. GENYARD


288 A.D.2d 395 (2001)

732 N.Y.S.2d 900

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASPER GENYARD, Appellant.

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

Decided November 19, 2001.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to instruct the jury on the affirmative defense of renunciation. No reasonable view of the evidence would support a finding that the defendant voluntarily and completely withdrew from participating in the crimes against the victim and made a substantial effort to prevent the commission of those crimes (see, Penal Law § 40.10 [1]; People v...

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