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.