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 § 225.15 (2026)

Possession of gambling records in the second degree

✓ current as of May 2026
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§ 225.15 Possession of gambling records in the second degree.
  A person is guilty of possession of gambling records in the second
degree when, with knowledge of the contents or nature thereof, he
possesses any writing, paper, instrument or article:
  1. Of a kind commonly used in the operation or promotion of a
bookmaking scheme or enterprise; or
  2. Of a kind commonly used in the operation, promotion or playing of a
lottery or policy scheme or enterprise; except that in any prosecution
under this subdivision, it is a defense that the writing, paper,
instrument or article possessed by the defendant constituted, reflected
or represented plays, bets or chances of the defendant himself in a
number not exceeding ten.
  3. Of any paper or paper product in sheet form chemically converted to
nitrocellulose having explosive characteristics.
  4. Of any water soluble paper or paper derivative in sheet form.
  Possession of gambling records in the second degree is a class A
misdemeanor.
Notes of Decisions
Cited in 9 cases, 1987–2000 · 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 2× “, Penal Law §§ 225.15, 225.30). Section 225.”
People v. Kim, 154 Misc. 2d 346 (N.Y. City Crim. Ct. 1992). · cites it 2× “05), possession of gambling records in the second degree (Penal Law § 225.15 [2]), and possession of a gambling device (Penal Law § 225.”
United States v. Kaczowski, 114 F. Supp. 2d 143 (W.D.N.Y. 1999). “10 (promoting gambling in the first degree), or is in possession of any writing, paper, instrument or article similar to those commonly used in the operation or promotion of a bookmaking scheme or enterprise, N.Y. Penal Law §§ 225.15 and 225.20 (possession of gambling records).”
Rizzo v. Tax Appeals Tribunal, 210 A.D.2d 748 (N.Y. App. Div. 1994). “We further note that petitioner pleaded guilty to possession of gambling records in the second degree, a crime which does not delineate volume of gambling activity (see, Penal Law § 225.15). We reject the remaining contentions regarding the applicability of 26 USC § 1341 and…”
People v. Mastrodonato, 549 N.E.2d 1151 (N.Y. 1989). “I Defendants pleaded guilty to criminal possession of gam *20 bling records in the second degree (Penal Law § 225.15) after Supreme Court denied their motion to suppress gambling records seized from their home pursuant to a search warrant.”
People v. Melton, 152 Misc. 2d 649 (N.Y. Sup. Ct. 1991). “10), possession of gambling records (Penal Law §§ 225.15, 225.20) and possession of a gambling device (Penal Law § 225.”
People v. Roberson, 134 Misc. 2d 644 (N.Y. City Crim. Ct. 1987). “05), and possession of gambling records in the second degree (Penal Law § 225.15). When the defendant was arrested by Officer Nicostra in the public area of the gambling enterprise, the officers had the further obligation and right to search the defendant’s person as well as the…”
People v. Hernandez, 145 Misc. 2d 962 (N.Y. City Crim. Ct. 1989). · cites it 3× “Defendant, charged by information with the crimes of possession of gambling records in the second degree (Penal Law § 225.15 [2]) and promoting gambling in the second degree (Penal Law § 225.”
People v. Castro, 184 Misc. 2d 410 (N.Y. City Crim. Ct. 2000). “Defendant is charged with possession of gambling records in *411 the second degree (Penal Law § 225.15). The People’s information alleges that on December 8, 1999, the police officer deponent was at 106-60 Guy Brewer Boulevard in Queens County, when he saw defendant walking out…”
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