N.Y. Penal Law § 225.80: Possession of unlawful gaming property in the first degree

§ 225.80 Possession of unlawful gaming property in the first degree.

A person is guilty of possession of unlawful gaming property in the

first degree when:

1. He or she commits the crime of unlawful possession of gaming

property in the third degree as defined in section 225.70 of this

article and the face value of the improper substitute property exceeds

one thousand dollars; or

2. He or she commits the offense of possession of unlawful gaming

property in the second degree as defined in subdivision one or two of

section 225.75 of this article and has been previously convicted within

the preceding five years of any offense of which an essential element is

possession of unlawful gaming property.

Possession of unlawful gaming property in the first degree is a class

D felony.