NYSentencing

§ 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.