In People v. Dolan , John Dolan argued that his jury should have been allowed to consider a "renunciation" defense since he had a "change of heart" after assaulting his ex-girlfriend.
The victim had ended her 17-year relationship with Dolan, when he encountered her in a parking lot and pursued her. As she entered her vehicle and attempted to lock the doors, Dolan forced his way in, threatened her with a loaded firearm and punched her with his gun and his fists.
Eventually, a crowd gathered and Dolan ran to his own car and fled the scene. Shortly afterward, he was stopped for not wearing a seatbelt, and the officer noticed that Dolan had tried to stab himself in the chest. At the hospital, when police were given his clothes, they found a suicide note.
After the Albany County Supreme Court convicted Dolan of attempted kidnapping and assault, he appealed to the Appellate Division, Third Department.
In response to his "renunciation" argument, the AD3 indicated it didn't believe a jury, viewing the "credible evidence" could "reasonably conclude" that Dolan "abandon[ed] the criminal effort." The testimony of eye-witnesses and the victim herself reinforced Dolan left the scene "out of fear of detection or apprehension and not because he voluntarily abandoned his effort to abduct the victim."
The AD3 also believed allowing the suicide note into evidence was "cumulative" in nature and "at best, harmless error."
In view of the facts and circumstances, including the "brutal nature" of the attack and Dolan's failure to show "meaningful remorse," it declined to reduce the sentence nor did it find the 10 1/2 year term to be "extraordinary."
No "change of heart" by the AD3 there.
To download a copy of the Appellate Division's decision, please use this link: People v. Dolan