Under New York law, withdrawal from a conspiracy is an affirmative defense only if which condition is satisfied?

• A. Withdrawal is due to a change of heart
• B. Withdrawal is complete and voluntary (prevents the crime from happening)
• C. Withdrawal occurs after the crime has been committed
• D. The defendant reports the withdrawal to the authorities

Answer: (B)

Under New York law, withdrawal from a conspiracy is an affirmative defense only when it is complete and voluntary and it prevents the crime from being carried out. This means you must not only disengage from the plan, but do so in a way that stops the conspiracy from achieving its objective before the crime occurs. A mere change of heart or stopping participation after the plan has started isn’t enough, and withdrawal after the crime has been committed provides no defense. Reporting the withdrawal to authorities isn’t automatic proof by itself; what matters is a genuine, complete, voluntary withdrawal that prevents the planned crime.