N.Y. Penal Law § 225.32: Possession of a gambling device; defenses

§ 225.32 Possession of a gambling device; defenses.

1. In any prosecution for possession of a gambling device specified in

subdivision one of section 225.30 of this article, it is an affirmative

defense that: (a) the slot machine possessed by the defendant was

neither used nor intended to be used in the operation or promotion of

unlawful gambling activity or enterprise and that such slot machine is

an antique; for purposes of this section proof that a slot machine was

manufactured prior to nineteen hundred forty-one shall be conclusive

proof that such a machine is an antique; (b) the slot machine possessed

by the defendant was manufactured or assembled by the defendant for the

sole purpose of transporting such slot machine in a sealed container to

a jurisdiction outside this state for purposes which are lawful in such

outside jurisdiction; or (c) the slot machine possessed by the defendant

was neither used nor intended to be used in the operation or promotion

of unlawful gambling activity or enterprise, is more than thirty years

old, and such possession takes place in the defendant's home.

2. Where a defendant raises an affirmative defense provided by

subdivision one hereof, any slot machine seized from the defendant shall

not be destroyed, or otherwise altered until a final court determination

is rendered. In a final court determination rendered in favor of said

defendant, such slot machine shall be returned, forthwith, to said

defendant, notwithstanding any provisions of law to the contrary.