New York Consolidated Laws

N.Y. Penal Law § 40.10 (2026)

Renunciation

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 44 cases (5 in the last 5 years), 1982–2025 · leading case: People v. Taylor, 598 N.E.2d 693 (NY 1992).

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People v. Taylor, 598 N.E.2d 693 (NY 1992). · cites it 9× “Thus, he argues, the trial court erred in denying his request to charge renunciation as an affirmative defense to the attempted rape count (Penal Law § 40.10 [3], [5]). 4 As defendant properly reminds us, a court must charge the jury on any claimed defense that is supported by a…”

People v. Dolan, 51 A.D.3d 1337 (N.Y. App. Div. 2008). · cites it 5× “To obtain the benefit of an affirmative defense such as renunciation, defendant must prove that he voluntarily and completely renounced his attempt to abduct the victim and, in the process, acted in such a way as to clearly manifest his intention to fully and completely abandon…”

People v. Acosta, 609 N.E.2d 518 (NY 1993). · cites it 2× “Penal Law § 40.10 (3) provides an affirmative defense to an attempt charge "under circumstances manifesting a voluntary and complete renunciation of [the] criminal purpose”.”

People v. Mahboubian, 543 N.E.2d 34 (NY 1989). “People v Sullivan (supra) and People v Collins ( 234 NY 355 ) stand for the very different proposition that a defendant who has in fact abandoned the criminal plan may not be liable for an attempt (see also, Penal Law § 40.10). Here, however, there was no evidence that…”

People v. Sanford, 148 A.D.3d 1580 (N.Y. App. Div. 2017). ““[0]nce the crime in question was committed, the defense of renunciation is not available as an affirmative defense” (People v Stevens, 65 AD3d 759, 763 [2009], lv denied 13 NY3d 839 [2009]; see Penal Law § 40.”

People v. Sisselman, 147 A.D.2d 261 (N.Y. App. Div. 1989). · cites it 5× “"Renunciation does not negate the commission of the inchoate crime” (People v Johnston, 87 AD2d 703, 704 ), but rather offers those guilty of such crimes an incentive to take steps to prevent the object or substantive crime, in exchange for which the defendant is excused from…”

People v. De Los Angeles, 270 A.D.2d 196 (N.Y. App. Div. 2000). “Furthermore, even if the jury had surmised that Collins voluntarily withdrew from the gang’s activities after 1992, this would not affect the determination of his guilt if there was no indica *204 tion that he made efforts to prevent his former co-conspirators from carrying out…”

People v. Stevens, 65 A.D.3d 759 (N.Y. App. Div. 2009). “commit a crime if “under circumstances manifesting a voluntary and complete renunciation of his [or her] criminal purpose, the defendant avoided the commission of the crime attempted by abandoning his [or her] criminal effort and, if mere abandonment was insufficient to…”

People v. McKnight, 284 A.D.2d 941 (N.Y. App. Div. 2001). · cites it 2× “We reject the further contention of defendant that the trial court erred in denying his request to charge the jury on the affirmative defense of renunciation (see, Penal Law § 40.10). We conclude that “under no reasonable view of the evidence could the jury have found that…”

Commonwealth v. Nee, 935 N.E.2d 1276 (Mass. 2010). “§ 2C:5-2(e) (West 2005); N.Y. Penal Law § 40.10 (4) (McKinney 2009); N.”

Bd. of Educ. v. Christa Constr., Inc., 608 N.E.2d 756 (NY 1993). · cites it 4× “controlled substance in the first degree wherein the evidence established that defendant, with the intent to possess more than four ounces of a controlled substance, met with his supplier’s courier and examined cocaine, but rejected it because he was dissatisfied with the…”

People v. Hengjun Chao, 2023 NY Slip Op 03240 (N.Y. App. Div. 2023). “In any event, the interested witness charge was proper as given ( see People v Agosto , 73 NY2d 963, 967 ), and there is no reasonable view of the evidence to establish "that the object crime was abandoned 'under circumstances manifesting a voluntary and complete renunciation of…”

Show all 44 citing cases →

— N.Y. Penal Law § 40.10(1) — 1 case

New York v. Schiavone Constr. Co., 601 F. Supp. 574 (S.D.N.Y. 1985).

— N.Y. Penal Law § 40.10(2) — 1 case

People v. Myers, 2019 NY Slip Op 468 (N.Y. App. Div. 2019).

— N.Y. Penal Law § 40.10(5) — 3 cases

People v. Afflick, 2025 NY Slip Op 00172 (N.Y. App. Div. 2025).

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