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First Degree Possession of Gambling Records: NY Penal Law 225.20

March 21, 2024 Uncategorized

New York Penal Law § 225.20: Possession of Gambling Records in the First Degree
Gambling has become more accepted in recent years, but there are still many issues related to gambling that are viewed as illegal in New York, which includes possession of records that are related to unlawful gambling. New York Penal Law § 225.20 states an individual could be charged with possession of gambling records in the first degree if he or she knowingly had any of the following:

Documentation that is typically used in a bookmaking operation scheme or an enterprise that reflects more than five bets that total at least $5,000;

Documentation that is typically used to operate a lottery, enterprise, or policy scheme that reflects more than 500 chances or plays.

For example, if a police officer was provided with information that unlawful gambling was taking place through a specific telephone number, he or she would probably trace the number to a specific residence. If the law enforcement official noticed several phones ringing and individuals were talking about numerical information that lead the officer to believe the subject of conversation was point spreads, a warrant would more than likely be issued to search the residence. When a search leads to the discovery of cash, audio records, or written documentation that involves gambling, it could lead to a conviction. A similar situation happened to Stanley Traymore, which resulted in a possession of gambling records in the first degree charge. People v. Traymore, 672 N.Y.S.2d 44 (N. Y. A. D. 1 Dept., 1998)

Offenses That are Related to First Degree Possession of Gambling Records
When an individual faces a first degree possession of gambling records, he or she could also be charged with one of the related offenses, which include:

  • New York Penal Law § 225.30: Possession of a gambling device
  • New York Penal Law § 225.10: Promoting gambling in the first degree

Defenses That may be Used in a First Degree Possession of Gambling Records Charge
Coercion is a defense that is sometimes used when an individual faces a first degree possession of gambling records charge. An example may include an individual who has gambling records due to forced participation, which was part of a gambling enterprise, to satisfy a gambling debt. This circumstance would be a valid defense for a possession of gambling records in the first degree charge.

In order to prove beyond a reasonable doubt that an individual is guilty of first degree possession of gambling records, a prosecutor must show that an individual was aware he or she was in possession of the records. For example, if gambling records were found in a room that is shared with another individual, it could be used as an acceptable defense to a first degree possession of gambling records charge.

Furthermore, a prosecutor must also prove the accused had the minimum amount of money and the number of bets that that is mandated in the statute.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
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2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

How Will an Individual Convicted of Possession of Gambling Records in the First Degree be Sentenced?
Possession of gambling records in the first degree is a Class E felony in New York. If an individual is convicted of this offense, he or she could face a four year prison sentence, a fine, and probation for five years.

Why an Individual Facing Possession of Gambling Records Needs a Skilled Defense Attorney
When an individual is under an investigation for the crime of possession of gambling records in the first degree, it is imperative that he or she seek legal representation as soon as possible. There are instances where an individual was not aware he or she was in possession of gambling records.

Furthermore, there are many times when an individual will become involved in illegal activity to settle a debt. This circumstance may arise due to a bet that an individual is not able to repay, so he or she will be found with possession of gambling records to satisfy the individuals whom were owed money.

When an individual is convicted of a Class E felony, it can have a lasting and negative influence on his or her life. Although a Class E felony is considered the least serious of felony convictions in New York, an individual convicted of a felony in this category will have a criminal record, which could prevent him or her from getting a job as well as other missed opportunities.

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