New York Consolidated Laws

N.Y. Penal Law § 225.40 (2026)

Lottery offenses; no defense

✓ current as of May 2026
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§ 225.40 Lottery offenses; no defense.
  Any offense defined in this article which consists of the commission
of acts relating to a lottery is no less criminal because the lottery
itself is drawn or conducted without the state and is not violative of
the laws of the jurisdiction in which it was so drawn or conducted.
Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: People v. Kim, 154 Misc. 2d 346 (N.Y. City Crim. Ct. 1992).
People v. Kim, 154 Misc. 2d 346 (N.Y. City Crim. Ct. 1992). “) It is important to note that although the predecessor statute specifically provided that one could not, inter alla, sell lottery tickets, whether conducted in this State or another State, the Legislature omitted this language and replaced it with the general prohibition…”
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