N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Health and Morals / ARTICLE Gambling Offenses
New York Consolidated Laws

N.Y. Penal Law § 225.10 (2026)

Promoting gambling in the first degree

✓ current as of May 2026
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§ 225.10 Promoting gambling in the first degree.
  A person is guilty of promoting gambling in the first degree when he
knowingly advances or profits from unlawful gambling activity by:
  1. Engaging in bookmaking to the extent that he receives or accepts in
any one day more than five bets totaling more than five thousand
dollars; or
  2. Receiving, in connection with a lottery or policy scheme or
enterprise, (a) money or written records from a person other than a
player whose chances or plays are represented by such money or records,
or (b) more than five hundred dollars in any one day of money played in
such scheme or enterprise.
  Promoting gambling in the first degree is a class E felony.
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1969–2022 · leading case: People v. Giordano, 663 N.E.2d 588 (N.Y. 1995).
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People v. Giordano, 663 N.E.2d 588 (N.Y. 1995). · cites it 13× “Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars" (Penal Law § 225.10 [1]). "`Bookmaking' means advancing gambling activity by unlawfully accepting bets from members of the public as a…”
People v. Roberts, 31 N.Y.3d 406 (N.Y. 2018). · cites it 3× “Receiving [money from certain parties or in certain amounts]" (Penal Law § 225.10). [FN1] Notwithstanding the use of the word "by," we concluded that legislature intended the clauses on [*12]either side of the preposition to "describe different conduct" ( Giordano , 87 NY2d at…”
United States v. Frank Altese, A/K/A Frankie Feets, 542 F.2d 104 (2d Cir. 1976). “Under Vermont law gambling offenses punishable by more than one year’s imprisonment include: (a) bookmaking, second offense [13 Vt.”
People v. Rossi, 177 A.D.2d 303 (N.Y. App. Div. 1991). · cites it 3× “), entered October 29, 1990, convicting defendant, after a bench trial, of the crimes of promoting gambling in the first degree (Penal Law § 225.10 [1]), possession of gambling records in the first degree (Penal Law § 225.”
People v. Giordano, 211 A.D.2d 814 (N.Y. App. Div. 1995). · cites it 6× “Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars” (Penal Law § 225.10 [1]). By hedging bets in Nassau County, Rothman knowingly advanced the Manhattan operation’s illegal gambling…”
United States v. Gotti, 459 F.3d 296 (2d Cir. 2006). “See N.Y. Penal Law § 225.10 (“A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by (1) engaging in bookmaking activity to the extent that he receives or accepts in any one day more than five bets…”
People v. Conigliaro, 290 A.D.2d 87 (N.Y. App. Div. 2002). “With respect to the required “pattern of criminal activity,” the indictment alleged that the appellant engaged in some 40 pattern acts. Of these 40 pattern acts, the first was the commission of the crime of conspiracy in the fifth degree (Penal Law § 105.”
People v. Palmeri, 272 A.D.2d 968 (N.Y. App. Div. 2000). “Memorandum: Defendants were convicted upon their pleas of guilty of various gambling-related offenses including, inter alia, multiple counts of promoting gambling in the first degree (Penal Law § 225.10 [1]). They were charged with such offenses after investigation and…”
Hamilton v. United States, 309 F. Supp. 468 (S.D.N.Y. 1969). “§ 142, provides: “A prosecution for a felony * * * must be commenced within five years after its commission * * The New York State criminal provision, Penal Law § 225.10, McKinney’s Consol. Laws, c.”
People v. Roth, 129 Misc. 2d 381 (1985). “” That the Legislature intended to define those areas where it would permit the aggregation of separate minor crimes to permit felony charges is evidenced by the promoting gambling in the first degree (Penal Law § 225.10), scheme to defraud in the first degree (Penal Law § 190.”
United States v. Trincher & Golubchik, 607 F. App'x 8 (2d Cir. 2015). “From 2006 until approximately 2013, Go-lubehik and Trincher were members of the Taiwanchik-Trincher Organization. The organization operated under the protection of Alimzhan Tokhtakhounov, a member of a select group of high-level criminals from the former Soviet Union, who used…”
People v. Greenman, 348 N.E.2d 465 (Ill. App. Ct. 1976). “He cites a similar New York statute which defines the crime as receiving more than five bets totaling more than *5,000 in any one day ( N.Y. Penal Law § 225.10 (1) (McKinney 1967)).”
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