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 § 225.20 (2026)

Possession of gambling records in the first degree

✓ current as of May 2026
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§ 225.20 Possession of gambling records in the first degree.
  A person is guilty of possession of gambling records in the first
degree when, with knowledge of the contents 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, and constituting, reflecting or
representing more than five bets totaling more than five thousand
dollars; or
  2. Of a kind commonly used in the operation, promotion or playing of a
lottery or policy scheme or enterprise, and constituting, reflecting or
representing more than five hundred plays or chances therein.
  Possession of gambling records in the first degree is a class E
felony.
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1974–2022 · leading case: United States v. Frank Altese, A/K/A Frankie Feets, 542 F.2d 104 (2d Cir. 1976).
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United States v. Frank Altese, A/K/A Frankie Feets, 542 F.2d 104 (2d Cir. 1976). “10 (2)(b)], and (b) possession of gambling records reflecting more than five hundred chances in a lottery or policy scheme [ N.Y. Penal Law § 225.20 (2)]. Under Vermont law gambling offenses punishable by more than one year’s imprisonment include: (a) bookmaking, second offense…”
People v. Rossi, 177 A.D.2d 303 (N.Y. App. Div. 1991). · cites it 2× “10 [1]), possession of gambling records in the first degree (Penal Law § 225.20 [1]), and possession of a gambling device (Penal Law § 225.”
People v. Conigliaro, 290 A.D.2d 87 (N.Y. App. Div. 2002). “Of these 40 pattern acts, the first was the commission of the crime of conspiracy in the fifth degree (Penal Law § 105.”
People v. Mastrodonato, 549 N.E.2d 1151 (N.Y. 1989). “Gambling records were seized upon the execution of the warrant and defendants were subsequently indicted and charged with the crimes of possession of gambling records in the first degree (Penal Law § 225.20 [1]) and promoting gambling in the second degree (Penal Law § 225.”
People v. Sztuk, 126 A.D.2d 950 (N.Y. App. Div. 1987). “Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted following a jury trial of possession of gambling records in the first degree (Penal Law § 225.20) and promoting gambling in the second…”
People v. Hunce, 141 Misc. 2d 401 (N.Y. City Crim. Ct. 1988). “10 *402 [1]) and possession of gambling records in the first degree (Penal Law § 225.20 [1]). The District Attorney now moves for an order compelling each defendant to provide handwriting exemplars solely pursuant to CPL 240.”
United States Ex Rel. Cubicutti v. Vincent, 383 F. Supp. 662 (S.D.N.Y. 1974). “10) and possessing bookmaking instruments (Penal Law § 225.20), and on November 15, 1972, was sentenced in Supreme Court, Queens County, to serve concurrent indeterminate terms of 0-3 years on each count.”
People v. Grisanti, 126 A.D.2d 938 (N.Y. App. Div. 1987). “Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant pleaded guilty to one count of possession of gambling records in the first degree (Penal Law § 225.20 [1]) in full satisfaction of a two-count indictment.”
People v. Medure, 178 Misc. 2d 878 (N.Y. Sup. Ct. 1998). “10 [1]) and possession of gambling records in the first degree (Penal Law § 225.20 [1]). The indictment is based, in part, on evidence derived from the electronic monitoring of various telephone lines allegedly utilized by them at different locations over a period of time in…”
People v. LePera, 197 A.D.2d 43 (N.Y. App. Div. 1994). · cites it 2× “After a jury trial, defendant was convicted of possession of gambling records in the first degree (Penal Law § 225.20 [1]). The records had been seized and photocopied by an agent of the United States Customs Service during a border search.”
Schneider v. Montegari (E.D.N.Y 2022). · cites it 2× “20 (1)(a)), fifty-two counts of Promoting Gambling in the First Degree ( N.Y. Penal Law § 225.20 (1)), and one count of Conspiracy in the Fifth Degree ( N.”
People v. Mastrodonato, 142 A.D.2d 460 (N.Y. App. Div. 1988). “Both defendants were indicted and charged with the crimes of possession of gambling records in the first degree (Penal Law § 225.20 [1]) and promoting gambling in the second degree (Penal Law § 225.”
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