New York Consolidated Laws

N.Y. Penal Law § 115.05 (2026)

Criminal facilitation in the second degree

✓ current as of May 2026

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§ 115.05 Criminal facilitation in the second degree.
  A person is guilty of criminal facilitation in the second degree when,
believing it probable that he is rendering aid to a person who intends
to commit a class A felony, he engages in conduct which provides such
person with means or opportunity for the commission thereof and which in
fact aids such person to commit such class A felony.
  Criminal facilitation in the second degree is a class C felony.

Notes of Decisions

Cited in 27 cases (2 in the last 5 years), 1986–2026 · leading case: People v. Kaplan, 556 N.E.2d 415 (NY 1990).

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People v. Kaplan, 556 N.E.2d 415 (NY 1990). · cites it 2× “For the same reasons, we reject defendant’s alternative argument that the crime of which he was convicted under the court’s charge is indistinguishable from second degree criminal facilitation, a class C felony (Penal Law § 115.05). A person is guilty of second degree criminal…”

United States v. Tyrice L. Sawyers, 409 F.3d 732 (6th Cir. 2005). “2d at 254 (citing n.Y. Penal Law § 115.05). 6 . Specifically, a “crime of violence” is defined by 18 U.”

Mizrahi v. Gonzales, 492 F.3d 156 (2d Cir. 2007). “1991), this court ruled that criminal facilitation, in violation of N.Y. Penal Law § 115.05 (McKinney 1987), did not qualify as a "controlled substance offense” under the federal Sentencing Guidelines.”

United States v. Liranzo, 944 F.2d 73 (2d Cir. 1991). · cites it 3× “” With regard to the conviction for criminal facilitation — an accessorial crime not involving the intent to commit the underlying offense, see N.Y. Penal Law § 115.05 (McKinney 1987) — the court concluded that facilitation was sufficiently akin to “aiding and abetting” to make…”

People v. Hall, 149 A.D.3d 1610 (N.Y. App. Div. 2017). “Memorandum: On appeal from a judgment convicting him upon a plea of guilty of criminal facilitation in the second degree (Penal Law § 115.05), defendant contends that he was improperly sentenced as a second felony offender.”

Jimenez v. Walker, 166 F. Supp. 2d 765 (E.D.N.Y 2001). “02(4)), Criminal Facilitation in the Second Degree (Penal Law § 115.05), and Reckless Endangerment in the First Degree (Penal Law § 120.”

People v. Mcknight, 306 A.D.2d 546 (N.Y. App. Div. 2003). “25 [1], [2]), and he was also indicted on one count of criminal facilitation in the second degree (see Penal Law § 115.05). Following a jury trial, defendant was convicted of the first murder count, based upon his role as an accomplice (see Penal Law § 20.”

People v. Rojas, 213 A.D.2d 56 (N.Y. App. Div. 1995). “25 [2]), criminal facilitation in the second degree (Penal Law § 115.05), assault in the first degree (Penal Law § 120.”

People v. Carmody, 53 A.D.3d 1048 (N.Y. App. Div. 2008). “It is hereby ordered that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal facilitation in the second degree (Penal Law § 115.”

People v. Sutton, 122 A.D.2d 896 (N.Y. App. Div. 1986). “Such a level of intent would be sufficient to convict someone of criminal facilitation in the second degree, but not of intentional murder (compare Penal Law § 115.05, with Penal Law §§ 20.”

United States v. Trejo-Palacios, 418 F. Supp. 2d 915 (S.D. Tex. 2006). · cites it 2× “at 79 (quoting N.Y. Penal Law § 115.05 , Practice Commentaries).”

People v. Schoen, 136 Misc. 2d 851 (N.Y. Sup. Ct. 1987). · cites it 2× “CONCLUSIONS OF LAW The indictment accuses Vincent L. and John L.”

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