NYSentencing

§ 190.84 Defenses.
  In  any  prosecution  for  identity  theft  or  unlawful possession of
personal identification information pursuant to this article,  it  shall
be an affirmative defense that the person charged with the offense:
  1.  was  under  twenty-one  years of age at the time of committing the
offense and the person used or possessed  the  personal  identifying  or
identification information of another solely for the purpose of purchas-
ing alcohol;
  2.  was  under  eighteen  years  of  age at the time of committing the
offense and the person used or possessed  the  personal  identifying  or
identification information of another solely for the purpose of purchas-
ing tobacco products; or
  3. used or possessed the personal identifying or identification infor-
mation  of  another person solely for the purpose of misrepresenting the
person's age to gain access to a place the access to which is restricted
based on age.