2014 New York Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title M - OFFENSES AGAINST PUBLIC HEALTH AND MORALS
Article 225 - (225.00 - 225.95) GAMBLING OFFENSES
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.