2006 New York Code - 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 chapter, 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;  (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; or (d) the
  slot machine was transported into this state in a sealed  container  for
  the  purpose of product development, research, or additional manufacture
  or assembly, and such slot machine will be or has been transported in  a
  sealed  container  to  a jurisdiction outside of this state for purposes
  which are lawful in such outside jurisdiction.
    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.