N.Y. Penal Law § 190.84

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