NYSentencing

§ 100.20  Criminal solicitation; exemption.
    A  person  is  not  guilty  of criminal solicitation when his
solicitation constitutes conduct of a kind  that  is  necessarily
incidental  to the commission of the crime solicited.  When under
such circumstances the solicitation constitutes an offense  other
than  criminal solicitation which is related to but separate from
the crime solicited, the actor is  guilty  of  such  related  and
separate offense only and not of criminal solicitation.