§ 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.
NYSentencing