N.Y. Penal Law § 20.05

§ 20.05 Criminal liability for conduct of another; no defense.\n In any prosecution for an offense in which the criminal liability of\nthe defendant is based upon the conduct of another person pursuant to\nsection 20.00, it is no defense that:\n 1. Such other person is not guilty of the offense in question owing to\ncriminal irresponsibility or other legal incapacity or exemption, or to\nunawareness of the criminal nature of the conduct in question or of the\ndefendant's criminal purpose or to other factors precluding the mental\nstate required for the commission of the offense in question; or\n 2. Such other person has not been prosecuted for or convicted of any\noffense based upon the conduct in question, or has previously been\nacquitted thereof, or has legal immunity from prosecution therefor; or\n 3. The offense in question, as defined, can be committed only by a\nparticular class or classes of persons, and the defendant, not belonging\nto such class or classes, is for that reason legally incapable of\ncommitting the offense in an individual capacity.\n