People v. Gilmore

Yesawich, Jr., J.,

dissents in a memorandum. Yesawich, Jr., J. (dissenting). I respectfully dissent.

The affirmative defense of renunciation, available in New York for inchoate or anticipatory offenses, usually involving two or more participants, is aimed at diminishing the risk that the substantive crime will be committed (see generally, Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law § 40.10, at 130-131; 7 Zett, NY Grim Prac ¶ 63.6 [2]). While this defense readily lends itself to the situation where multiple parties are involved and the defendant has completed…