NYSentencing

§ 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.