Thus, the defendants were found to not have committed possession of a gambling device based on having the video poker games. However, there was no evidence presented that in return the machine gave the player anything of value. Ct., 2012), the defendant had 2 video poker games on his premises. You are not guilty of possession of a gambling device if you have a device that allows you to participate in a game of chance, but does not give you anything of value in return.

Possession of gambling records in the first degree: New York Penal Law § 225.20.Possession of gambling records in the second degree: New York Penal Law § 225.15.Promoting gambling in the first degree: New York Penal Law § 225.10.Promoting gambling in the second degree: New York Penal Law § 225.05.New York State Liquor Authority, 554 N.Y.S.2d 189 (N. The additional games are considered something of value, making the video machine a gambling device. The game rewarded a winning player with additional games free of charge. Lottery tickets and other items used in playing the lottery are not gambling devices ExampleĪ 'Broadway' video game machine was on the premises of and operated by Bubba Restaurant. A 'gambling device' is defined as any device or equipment which is used in the playing phases of any gambling activity. Under New York Penal Law § 225.30 you could be charged with possession of a gambling device if you manufacture, possess, transport or sell a slot machine, other gambling device, or a coin operated device used to advance unlawful gambling activity. Examples of such devices include video poker machines, roulette wheels, slot machines or devices that have random number generators. One rule prohibits the possession of devices that can be used to participate in unlawful gambling. New York has strict laws regulating gambling.

Video slot machine home use