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Possession of a Gambling Device: New York Penal Law 225.30

March 21, 2024 Uncategorized

New York Penal Law 225.30: Possession of a Gambling Device
New York has stern laws set in place that regulate gambling, and one of these laws prohibits the possession of any devices that can be used for unlawful gambling. These devices may include roulette wheels, video poker machines, slot machines, or any other machine that has a random number generator. According to New York Penal Law 225.30, an individual could be charged with possession of a gambling device if he or she possesses, manufacturers, transports, or sells an illegal gambling device.

New York law states a gambling device is any device or equipment that is used in the playing phases of any activities that involve gambling. An example may include a video game machine that was on the property of a restaurant. If the game rewarded a winning individual extra games free of charge, the additional games are of value, which makes the video game machine a gambling device. This situation occurred at a Bubba Restaurant in New York, and the restaurant owner was found guilty of violating New York Penal Law 225.30 (Bubba Restaurant, Inc. v. New York State Liquor Authority, 554 N.Y.S.2d 189).

Related Offenses
Those charged with possession of a gambling device could also face the following related offenses:

  • Possession of gambling records in the first degree: New York Penal Law 225.20
  • Possession of gambling records in the second degree: New York Penal Law 225.15
  • Promoting gambling in the first degree: New York Penal Law 225.10
  • Promoting gambling in the second degree: New York Penal Law 225.05

Possible Defenses for Those Charged With Possession of a Gambling Device
If an individual or place of business is in possession of a gambling device that enables individuals to participate in a game of chance, but does not provide anything of value in return for playing the game, it is not a violation of New York Penal Law 225.30.

An example of a situation under these circumstances is the People v. Jun Feng, 946 N.Y.S.2d 68 (N.Y. Crim. Ct., 2012). The defendant was in possession of two video poker games on his property. Although the machines accepted U.S. currency, no evidence could be presented that definitively showed the machine gave a player anything of value. As a result, the defendant was found not guilty for possession of a gambling device.

What is the Sentence for Possession of a Gambling Device?
In New York, possession of a gambling device is a Class A misdemeanor. If an individual is convicted of this offense, then he or she could face a jail sentence of up to one year, probation for three years, and a costly fine.

An individual is guilty of possession of a gambling device if he or she knowingly manufacturers, sells, transports, or possesses an unlawful gambling device. Furthermore, an individual is also in violation of New York Penal Law 225.30 if he or she conducted or negotiated a transaction that affected ownership, custody, or use of the following:

A slot machine (unless the possession was pursuant to article nine-A of New York’s general municipal law) or any other gambling device that was to be used in the promotion of unlawful gambling activity.

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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Brendan huisman
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
Guerline Menard
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.
Taïko Beauty
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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Anthony Williams
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.

A coin slot machine that was operated with the intent to use the device in the promotion of unlawful gambling activity.

It is important to note that possession of a slot machine is not unlawful if the possession and use of the machine was pursuant to a gaming compact that was duly permitted by the governor of New York and a Native American Nation or Tribe, which is regulated under the Indian Gaming Regulatory Act, as codified at 25 U.S.C. S 2701-2721 and 18 U.S.C S 1166-1168. In these circumstances, a gaming compact will have regulations that require a percentage of the net drop from any slot machine be given to the State of New York.

Transportation and possession of a slot machine is not unlawful if the transportation and possession is needed to facilitate training for repair and reconditioning of the machine. These machines are only to be used in casinos that are authorized by a tribal-state compact.

The Importance of a New York Possession of a Gambling Device Lawyer
Although possession of a gambling device is a misdemeanor, it is still a serious criminal offense. If an individual is convicted of this crime, he or she could end up in jail, which is why it’s important to hire a knowledgable attorney with the experience that is needed to ensure an individual’s rights are protected.

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CLAIRE BANKS

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RAJESH BARUA

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