Although, prior to summations, defendant had opposed charging the jury on the affirmative defense of renunciation (Penal Law § 40.10), and the court provided no such instruction in its main charge, the record is clear that, following a note from the jury and the court's request for input from both sides prior to deciding how to respond, defendant made a deliberate strategic decision to consent to the delivery of a supplemental instruction on that defense. Furthermore...
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