NYSentencing

§ 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 affirma-
tive 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 subdi-
vision 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.