N.Y. Penal Law § 115.10: Criminal facilitation; no defense

§ 115.10 Criminal facilitation; no defense.

It is no defense to a prosecution for criminal facilitation that:

1. The person facilitated was not guilty of the underlying felony

owing to criminal irresponsibility or other legal incapacity or

exemption, or to unawareness of the criminal nature of the conduct in

question or to other factors precluding the mental state required for

the commission of such felony; or

2. The person facilitated has not been prosecuted for or convicted of

the underlying felony, or has previously been acquitted thereof; or

3. The defendant himself is not guilty of the felony which he

facilitated because he did not act with the intent or other culpable

mental state required for the commission thereof.