NYSentencing

§ 225.30 Possession of a gambling device.
  a.  A  person  is guilty of possession of a gambling device when, with
knowledge of the character  thereof,  he  or  she  manufactures,  sells,
transports,   places   or  possesses,  or  conducts  or  negotiates  any
transaction affecting or designed to affect ownership,  custody  or  use
of:
  1.  A  slot  machine,  unless such possession is permitted pursuant to
article nine-A of the general municipal law; or
  2. Any other gambling device, believing that the same is to be used in
the advancement of unlawful gambling activity; or
  3. A coin operated gambling device with intent to use such  device  in
the advancement of unlawful gambling activity.
  b.  Possession  of  a  slot  machine  shall not be unlawful where such
possession and use is pursuant to a gaming compact, duly executed by the
governor and  an  Indian  tribe  or  Nation,  under  the  Indian  Gaming
Regulatory  Act,  as  codified  at 25 U.S.C. §§ 2701-2721 and 18 U.S.C
§§ 1166-1168, where the use  of  such  slot  machine  or  machines  is
consistent  with  such  gaming  compact  and  where the state receives a
negotiated percentage of the net drop (defined as  gross  money  wagered
after  payout,  but  before  expenses)  from  any  such  slot machine or
machines.
  c. Transportation and possession  of  a  slot  machine  shall  not  be
unlawful  where  such  transportation  and  possession  is  necessary to
facilitate the training of persons in the repair and  reconditioning  of
such  machines  as  are  used  or are to be used for operations in those
casinos authorized pursuant to a tribal-state compact  as  provided  for
pursuant  to  section eleven hundred seventy-two of title fifteen of the
United States Code in the state of New York.
  d. Transportation and possession  of  a  slot  machine  shall  not  be
unlawful  where  such  slot machine was transported into this state in a
sealed container and possessed 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.
  e. Transportation and possession of a gambling  device  shall  not  be
unlawful  where  (i)  the  manufacturer  or  distributor of the gambling
device has filed a statement with the state gaming  commission  required
by  subdivision  twenty-one  of  section one hundred four of the racing,
pari-mutuel wagering and breeding law, (ii)  such  gambling  device  was
transported  into this state in a sealed container and possessed for the
purpose of exhibition or marketing in accordance  with  such  statement,
and (iii) such device is thereafter transported in a sealed container to
a  jurisdiction  outside  of  this state for purposes that are lawful in
such outside jurisdiction.
  Possession of a gambling device is a class A misdemeanor.
with Argument