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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.
Criminal Laws NY

Criminal Laws NY