N.Y. Penal Law § 40.10: Renunciation

§ 40.10 Renunciation.

1. In any prosecution for an offense, other than an attempt to commit

a crime, in which the defendant's guilt depends upon his criminal

liability for the conduct of another person pursuant to section 20.00,

it is an affirmative defense that, under circumstances manifesting a

voluntary and complete renunciation of his criminal purpose, the

defendant withdrew from participation in such offense prior to the

commission thereof and made a substantial effort to prevent the

commission thereof.

2. In any prosecution for criminal facilitation pursuant to article

one hundred fifteen, it is an affirmative defense that, prior to the

commission of the felony which he facilitated, the defendant made a

substantial effort to prevent the commission of such felony.

3. In any prosecution pursuant to section 110.00 for an attempt to

commit a crime, it is an affirmative defense that, under circumstances

manifesting a voluntary and complete renunciation of his criminal

purpose, the defendant avoided the commission of the crime attempted by

abandoning his criminal effort and, if mere abandonment was insufficient

to accomplish such avoidance, by taking further and affirmative steps

which prevented the commission thereof.

4. In any prosecution for criminal solicitation pursuant to article

one hundred or for conspiracy pursuant to article one hundred five in

which the crime solicited or the crime contemplated by the conspiracy

was not in fact committed, it is an affirmative defense that, under

circumstances manifesting a voluntary and complete renunciation of his

criminal purpose, the defendant prevented the commission of such crime.

5. A renunciation is not "voluntary and complete" within the meaning

of this section if it is motivated in whole or in part by (a) a belief

that circumstances exist which increase the probability of detection or

apprehension of the defendant or another participant in the criminal

enterprise, or which render more difficult the accomplishment of the

criminal purpose, or (b) a decision to postpone the criminal conduct

until another time or to transfer the criminal effort to another victim

or another but similar objective.