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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW
DOCKET NO. 447 · THE DEFENSE DESK

Possession of a Gambling Device: New York Penal Law 225.30.

Learn about New York Penal Law 225.30, which prohibits possession of gambling devices such as slot or poker machines. Discover what qualifies as a gambling device, related offenses, possible defenses, sentencing, and key exceptions for legal possession. Understand why hiring a New York gambling device lawyer is essential if charged.

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Overview of New York Gambling Laws

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, manufactures, transports, or sells an illegal gambling device.

What Constitutes a 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).

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