Second Degree Possession of Gambling Records

Although not as potentially devastating and crippling as an arrest for felony First Degree Possession of Gambling Records, Second Degree Possession of a Gambling records is a serious and significant crime nonetheless. New York Penal Law 225.15 may not be a felony, but as a class “A” misdemeanor, do not think for a moment that should you be convicted, your New York criminal defense attorney or gambling defense lawyer will be able to later get your conviction expunged or removed from your criminal history. Not only will you have the burden of carrying your Possession of Gambling Records in the Second Degree with you for the balance of your life, but a judge can add salt to your wound by sentencing you to up to one year in jail.

• Second Degree Promoting Gambling: New York Penal Law 225.05
• First Degree Promoting Gambling: New York Penal Law 225.10
• First Degree Possession of Gambling Records: NY Penal Law 225.20
• Possession of a Gambling Device: New York Penal Law 225.30
• New York Penal Law 225.25 & 225.32: Defenses to New York Gambling Crimes

Not concerned about the prospect of incarceration on Rikers Island if you are prosecuted in NYC? Spending weeks or months in the Westchester County Jail doesn’t seem intimidating? Foolish that may be, remember that a judge has the ability to sentence you to years of probation, slap you with fines and require an assortment of conditions as part of your disposition, none of which will be remotely pleasurable.

Putting how and the extent one can be punished temporarily behind you, whether you are prosecuted by the District Attorney of Rockland County, the Queens County District Attorney, or the NYS Attorney General in any county throughout the State of New York, the elements of Second Degree Possession of Gambling Records are the same. A person is guilty of New York Penal Law 225.15 when, with knowledge of the contents or nature of a writing, paper, instrument or article he or she possesses:

1. It is of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or
2. It is of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise (it is a defense that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding ten); or
3. It is of any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics; or
4. It is of any water soluble paper or paper derivative in sheet form.

Whatever your alleged conduct may violate, regardless of your role in an illegal or unlawful gambling scheme or ring, and irrespective of whether you are caught with gambling records or in the act of some transaction, minimizing your exposure – dismissal, reduction of charges, lesser sentencing, etc. - is of central import. When you are identifying the criminal attorney who can best defend your case, take the further steps to review the applicable law and related crimes that you may face, prepare yourself to address issues ranging from possible informants testifying against you, search warrants executed in numerous locations and even wire taps that may have recorded your conversations.

• New York Gambling Crimes General Information Page: NY PL Article 225

Put your best defense forward and protect yourself inside the courtroom today and your life and career years from now. Don’t let an accusation for any gambling crime strip you of your dignity. Let Saland Law’s New York criminal lawyers and former prosecutors’ experience, knowledge and advocacy be your strongest defense.

Contact the New York Possession of Gambling Records criminal defense lawyers and former New York prosecutors at (212) 312-7129 or contact us online today.