New York Consolidated Laws

N.Y. Penal Law § 225.30 (2026)

Possession of a gambling device

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 225.30 Possession of a gambling device.
  a. A person is guilty of possession of a gambling device when, with
knowledge of the character thereof, he or she manufactures, sells,
transports, places or possesses, or conducts or negotiates any
transaction affecting or designed to affect ownership, custody or use
of:
  1. A slot machine, unless such possession is permitted pursuant to
article nine-A of the general municipal law; or
  2. Any other gambling device, believing that the same is to be used in
the advancement of unlawful gambling activity; or
  3. A coin operated gambling device with intent to use such device in
the advancement of unlawful gambling activity.
  b. Possession of a slot machine shall not be unlawful where such
possession and use is pursuant to a gaming compact, duly executed by the
governor and an Indian tribe or Nation, under the Indian Gaming
Regulatory Act, as codified at 25 U.S.C. §§§§ 2701-2721 and 18 U.S.C
§§§§ 1166-1168, where the use of such slot machine or machines is
consistent with such gaming compact and where the state receives a
negotiated percentage of the net drop (defined as gross money wagered
after payout, but before expenses) from any such slot machine or
machines.
  c. Transportation and possession of a slot machine shall not be
unlawful where such transportation and possession is necessary to
facilitate the training of persons in the repair and reconditioning of
such machines as are used or are to be used for operations in those
casinos authorized pursuant to a tribal-state compact as provided for
pursuant to section eleven hundred seventy-two of title fifteen of the
United States Code in the state of New York.
  d. Transportation and possession of a slot machine shall not be
unlawful where such slot machine was transported into this state in a
sealed container and possessed for the purpose of product development,
research, or additional manufacture or assembly, and such slot machine
will be or has been transported in a sealed container to a jurisdiction
outside of this state for purposes which are lawful in such outside
jurisdiction.
  e. Transportation and possession of a gambling device shall not be
unlawful where (i) the manufacturer or distributor of the gambling
device has filed a statement with the state gaming commission required
by subdivision twenty-one of section one hundred four of the racing,
pari-mutuel wagering and breeding law, (ii) such gambling device was
transported into this state in a sealed container and possessed for the
purpose of exhibition or marketing in accordance with such statement,
and (iii) such device is thereafter transported in a sealed container to
a jurisdiction outside of this state for purposes that are lawful in
such outside jurisdiction.
  Possession of a gambling device is a class A misdemeanor.

Notes of Decisions

Cited in 28 cases, 1987–2020 · leading case: Dalton v. Pataki, 835 N.E.2d 1180 (NY 2005).

Sort: Relevance Newest Treatment

Dalton v. Pataki, 835 N.E.2d 1180 (NY 2005). · cites it 6× “" (Penal Law § 225.30 [b]). On August 18, 2002, the Seneca Nation of Indians entered into a compact with New York State.”

Matter of Victor M., 876 N.E.2d 1187 (NY 2007). · cites it 2× “05) and possession of a gambling device (Penal Law § 225.30). Neither of these statutes is applicable to the facts of this case.”

New York v. Shinnecock Indian Nation, 523 F. Supp. 2d 185 (E.D.N.Y 2007). · cites it 2× “Law § 186 (3); N.Y. Penal Law § 225.30 ; 9 N.Y.C.R.R: § 5620.”

People v. Denson, 192 Misc. 2d 48 (N.Y. City Crim. Ct. 2002). · cites it 4× “05, and possession of a gambling device in violation of Penal Law § 225.30 (a) (2), among other offenses.”

United States v. Burns, 725 F. Supp. 116 (N.D.N.Y. 1989). “See N.Y.Penal Law §§ 225.30 and 225.32. Moreover, the prohibitions contained in N.”

People v. Kim, 154 Misc. 2d 346 (N.Y. City Crim. Ct. 1992). · cites it 3× “15 [2]), and possession of a gambling device (Penal Law § 225.30 [2]). He now moves to dismiss the accusatory instrument for facial insufficiency and for other pretrial relief pursuant to GPL article 255.”

People v. Rossi, 177 A.D.2d 303 (N.Y. App. Div. 1991). · cites it 2× “20 [1]), and possession of a gambling device (Penal Law § 225.30 [2]), and sentencing him on the promoting gambling count to pay a $5,000.”

People v. Turner, 165 Misc. 2d 222 (N.Y. City Crim. Ct. 1995). “The defendant herein has been charged by misdemeanor information with the crimes of possessing a gambling device (Penal Law § 225.30 [2]) and promoting gambling in the second degree (Penal Law § 225.”

In re Curtis H., 216 A.D.2d 173 (N.Y. App. Div. 1995). “The totality of the circumstances, including the officer having observed the respondent and another individual gambling with dice in exchange for money on the street in violation of Penal Law § 225.30 (2), possession of a gambling device, fully support the conclusion that the…”

Chun v. State of NY, 807 F. Supp. 288 (S.D.N.Y. 1992). “Penal Law § 225.30 criminalizes the possession of gambling devices.”

People v. Lindsay, 249 A.D.2d 937 (N.Y. App. Div. 1998). “, 216 AD2d 173, 174 ; People v King, 102 AD2d 710, 710-711 , affd 65 NY2d 702 ; see generally, Penal Law § 225.30 [2]), the officers had reasonable suspicion that a crime was being committed (see, People v Holmes, 81 NY2d 1056, 1057-1058 , citing People v Martinez, 80 NY2d 444,…”

People v. Snyder, 141 Misc. 2d 444 (1988). “05) and possession of a gambling device (Penal Law § 225.30) in the Town of Brant Justice Court.”

Show all 28 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.