N.Y. Penal Law § 20.05: Criminal liability for conduct of another; no defense

§ 20.05 Criminal liability for conduct of another; no defense.

In any prosecution for an offense in which the criminal liability of

the defendant is based upon the conduct of another person pursuant to

section 20.00, it is no defense that:

1. Such other person is not guilty of the offense in question owing to

criminal irresponsibility or other legal incapacity or exemption, or to

unawareness of the criminal nature of the conduct in question or of the

defendant's criminal purpose or to other factors precluding the mental

state required for the commission of the offense in question; or

2. Such other person has not been prosecuted for or convicted of any

offense based upon the conduct in question, or has previously been

acquitted thereof, or has legal immunity from prosecution therefor; or

3. The offense in question, as defined, can be committed only by a

particular class or classes of persons, and the defendant, not belonging

to such class or classes, is for that reason legally incapable of

committing the offense in an individual capacity.