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Can you summarize NYCL PEN 225.32?
Gambling Offenses > Possession of a gambling device; defenses
Short Summary
This legal document pertains to the offense of possession of a gambling device specified in subdivision one of section 225.30 of the Consolidated Laws of New York. It outlines affirmative defenses that can be raised by the defendant in such prosecutions. The first defense is applicable if the slot machine possessed by the defendant is an antique and was neither used nor intended for unlawful gambling activity. Proof of manufacturing prior to 1941 is considered conclusive evidence of being an antique. The second defense applies if the defendant manufactured or assembled the slot machine solely for transporting it in a sealed container to a jurisdiction outside New York where such transportation is lawful. The third defense is applicable if the slot machine is more than thirty years old, was neither used nor intended for unlawful gambling, and is possessed in the defendant’s home. The document also states that if an affirmative defense is raised, any seized slot machine should not be destroyed or altered until a final court determination is made. If the court determines in favor of the defendant, the slot machine should be returned to the defendant, regardless of any contrary provisions of law.
Whom does it apply to?
Individuals prosecuted for possession of a gambling device
What does it govern?
Possession of a gambling device; defenses
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
No specific penalties are mentioned.
Jurisdiction
New York