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Stan Fox
Stan Fox is an accomplished author specializing in legal gambling content and US gambling laws. With a deep understanding of the intricate regulatory landscape, he combines his passion for writing with his expertise in the field to provide readers with informative and engaging articles. He has been writing for since 2019.

New York State boasts a robust gambling industry, which consists of 18 tribal casinos, four Las Vegas-style commercial casinos, nine racinos, and the biggest state lottery in the US by revenue. Three New York tribes negotiated their compacts with the state soon after the federal government passed the Indian Gaming Regulatory Act (IGRA) in 1988, and they built their casinos throughout the nineties.

The construction of commercial venues was authorized in 2013 when voters approved the required constitutional amendment proposed by Gov. Andrew Cuomo in a public referendum. The amendment allowed for up to seven gaming licenses. Four Upstate New York licenses were granted in 2014, and the new casinos were completed in 2017 and 2018.

In 2022, it was announced that the remaining three licenses would be made available for downstate, opening up the possibility of casinos in New York City, long the Holy Grail for casino operators. At the time of writing, the licensing process is ongoing.

Land-based gamblingYesCommercial and tribal casinos, racinos
Online gambling NoExcept for mobile sports betting
Sports betting YesLand-based and mobile
Lottery Yes
Minimum gambling age1821 in certain casinos

New York State Unlawful Gambling

Gambling in New York is defined as an act of “staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under a person’s control, upon an agreement that he/she will receive something of value, given a certain event.”

Gambling is illegal in New York State unless specifically authorized by the state constitution. Therefore, any gambling expansion bill passed by the legislature requires a constitutional amendment that needs to be agreed by a majority of voters in a public referendum.

Unless expressly authorized, "all wagers, bets or stakes, made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful."

New York State's gambling laws do not mention online gaming specifically, and while some states criminalize anyone who engages in illegal gambling activity, the NYS Penal Code focuses on prosecuting operators rather than players and draws a very distinct line between the two.

For example, according to S 225.03 of the state penal code, "a person 'advances gambling activity' when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity."

Thus, while offering online gambling in New York State is most certainly illegal, the simple act of playing may not be. Certainly, the law is on the side of players, and even offers recourse to recoup losses suffered at the hands of illegal gambling operators.

No one has ever been prosecuted in New York State when playing with offshore operators.

Gambling in New York is covered by NY Penal Code §225.00 et seq. as well as Statute 47A:101 et seq. and RW&B 47A§518. The minimum gambling age is 21 for Seneca casinos and 18 for all other gambling facilities.

Online Gambling in New York State

Due to the potential size of the market, New York has long been tipped among the most likely to follow in the footsteps of states like neighboring New Jersey in legalizing online gambling, especially online poker.

However, it hasn't quite worked out that way, as none of the state's annually submitted iGaming bills have reached the Governor’s desk so far. New York remains likely to legalize online poker at some point, but it's impossible to offer a likely timeline right now.

The state launched statewide mobile sports betting in 2022, more of which below.

New York State Casinos

New York State's tribes have been offering gaming under IGRA since the 1990s. The state has three compacted tribal operators, the Seneca Nation of Indians, the Oneida Indian Nation of New York, and the St. Regis Mohawk Tribe. These tribes are permitted to offer class III gaming (played against the house), such as slots, blackjack, and craps, under the terms of their state compacts. In all, there are eight class III tribal gaming venues.

A fourth tribe, the Cayuga Nation, offers class II gaming, such as electronic bingo, at its Lakeside Entertainment venues. Because it is not compacted, the tribe is not required to share revenue with the state and its gaming is untaxed.

To raise revenues in the aftermath of 9/11, New York permitted racetracks to host "slot-like" video lottery terminals (VLTs) and electronic table games, thus transforming themselves into "racinos." The first such venue opened in 2004, and today there are nine racinos in the state. One, the lucrative Resorts World New York City, is situated in Queens and is the closest thing New York City has to a casino – for now, at least.

The state legalized full-fledged commercial casino gaming at public referendum in 2013, creating up to seven possible licenses and paving the way for the construction of four casinos in Upstate New York. These are Tioga Downs, Resorts World Catskills, Rivers Casino Schenectady, and the Del Lago Resort in Seneca.

The legislature intended that the upstate casinos launch first because it wanted to give them a head start on any potential downstate venues, which would benefit from being closer to the New York metropolitan area.

In 2022, it was announced that the three remaining downstate casino licenses would be up for grabs. The licensing application process is being overseen by the state's Gaming Facility Location Board.

The region's existing racino operators are likely frontrunners for two of the licenses but who claims the first is anyone's guess. Could we see a casino in Manhattan in the near future?

New York State Poker

The 1998 cult movie “Rounders” offered us a glimpse into New York City's underground poker scene. Today, the scene remains under the radar because legal poker rooms do not exist in the city, although that may change in the future with the advent of new casinos.

To get a legally regulated poker game, you have to schlep further afield to the upstate commercial casinos and tribal gaming venues.

Poker-friendly tribal casinos are located in Verona (Turning Stone), Niagara Falls (Seneca Niagara), Salamanca (Seneca Allegany), and Hogansburg (Akwesasne).

Home poker games are legal provided no one takes a rake or otherwise profits commercially.

State-sanctioned New York State poker sites aren’t available yet, but some state residents choose to play on offshore sites.

New York State Sports Betting

Curiously enough, sports betting was approved in New York in the 2013 referendum that legalized commercial casino gaming, despite the federal ban at the time. That means it got the green light as soon as the federal Supreme Court struck down the prohibition in May 2018.

The tribal casinos were free to launch sports betting right away. For commercial, state-licensed venues, it was a matter for the New York State Gaming Commission to create a framework of regulation for the impending market. The first sportsbooks began opening in the summer of 2019.

Statewide mobile sports betting did need its own bill, though. This was passed as part of an annual state budget measure in April 2021, and a framework of regulation was adopted that November.

Mobile sports betting officially launched in January 2022.

New York State quickly became the biggest sports betting market in America, generating $1.6 billion in handle in the first month after the launch of mobile sportsbooks.

New York State Parimutuel Betting

Home to Belmont Park, one of America's most storied racetracks, New York State has a rich racing history. The state legalized parimutuel betting at racetracks in 1939, and today, the New York Gaming Commission regulates horse racing and parimutuel wagering at four thoroughbred tracks and seven harness tracks.

Off-track betting was legalized in 1970 as part of an effort to curb illegal bookies and provide revenue for state and local governments. Today, there are five regional OTB companies operating in the state as public benefit corporations.

The racetracks and OTB locations also offer simulcast betting on races that take place outside the state.

New York Daily Fantasy Sports

DFS companies were dealt their first major blow in New York in November 2015, when Attorney General Eric Schneiderman issued cease-and-desist orders forcing them out of the state.

In early August 2016, Gov. Andrew Cuomo signed a bill legalizing paid DFS contests in the state by declaring them a game of skill. DFS operators were back in the Empire State by the end of the month, and New Yorkers currently have access to all the popular DFS platforms, including DraftKings, FanDuel, Yahoo DFS, and Fantasy Draft.

But the story doesn’t end there. In October 2018, a New York Supreme Court judge ruled that the state legislature overstepped its power by passing the 2016 bill without an amendment to the constitution.

That ruling was overturned by a state appeals court last year, which reinstated the 2016 law. Gaming regulators are currently drawing up a set of rules and consumer protections for the market.

New York Lotteries

The New York Lottery was established in 1967 following a statewide vote and is currently the biggest lottery in America by ticket sales. It offers both in-state and multi-state draw games, including New York Lotto, Cash4Life, Powerball, and Mega Millions. Scratch-offs are also available, but unfortunately, all tickets must be purchased from land-based retailers as the state hasn’t legalized online sales.

New York State Bingo

Land-based bingo is available both commercially and as a charitable game, along with raffles and casino nights. Eligible non-profit organizations are permitted to offer charitable gaming via a permit from the New York Gaming Commission.

New York State Gambling FAQ

Does New York State have casinos?

Yes, New York State has 18 tribal casinos, four Las Vegas-style commercial casinos, and nine racinos. An additional three casinos have been earmarked for the New York metropolitan area.

Can I play slots in New York?

Yes, although most casinos with slots are found upstate. Resorts World New York City in Queens offers video lottery terminals that function like slots, as well as electronic table games.

Can I gamble online in New York State?

New York State has not legalized any form of online gambling beyond online sports betting and daily fantasy sports. Some residents choose to play on offshore online casino and poker sites, which are not regulated in the state.

Does New York State have sports betting?

Yes, New York has both land-based and statewide mobile betting. The state is the biggest sports betting market in the US.

Is online poker legal in New York State?

No, online poker is not legal in New York State, although many offshore sites accept players from the state.

Does New York have racetracks?

Yes, New York State has four thoroughbred tracks and seven harness tracks, including the famous Belmont Park.

Does New York have a lottery?

Yes, the New York Lottery was established in 1967. It offers multistate games like Powerball and Mega Millions.


New York Gambling Crimes

New York Constitution

Article I

Sec. 9.  1.

No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any  department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings;  except  as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of  gambling,  except  lotteries  operated  by  the state and the sale of lottery tickets in connection therewith as may be authorized and  prescribed  by the  legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state  as  the  legislature may  prescribe,  and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state  shall  derive  a reasonable  revenue  for  the  support of government, shall hereafter be authorized or allowed within this state; and the legislature shall  pass appropriate  laws  to  prevent offenses against any of the provisions of this section.

New York General Obligations Laws

Sec. 5-401.

Illegal wagers, bets and stakes. All wagers, bets or stakes, made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful.

Sec.  5-411. Contracts on account of money or property wagered, bet or staked are void.

All contracts for or on account of any money or property, or thing in action wagered, bet or staked, as provided in section 5-401, shall be void.

Sec. 5-413. Securities for money lost at gaming, void.

All things in action, judgments, mortgages, conveyances, and every other security whatsoever, given or executed, by any person, where the whole or any part of the consideration of the same shall be for any money or other valuable thing won by playing at any game whatsoever, or won by betting on the hands or sides of such as do play at any game, or where the same shall be made for the repaying any money knowingly lent or advanced for the purpose of such gaming or betting aforesaid, or lent or advanced at the time and place of such play, to any person so gaming or betting aforesaid, or to any person who during such play, shall play or bet, shall be utterly void, except where such securities, conveyances or mortgages shall affect any real estate, when the same shall be void as to the grantee therein, so far only as hereinafter declared.

When any securities, mortgages or other conveyances, executed for the whole or part of any consideration specified in the preceding paragraph shall affect any real estate, they shall inure for the sole benefit of such person as would be entitled to the said real estate, if the grantor or person incumbering the same, had died, immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. All grants, covenants and conveyances, for preventing such real estate from coming to, or devolving upon, the person hereby intended to enjoy the same as aforesaid, or in any way incumbering or charging the same, so as to prevent such person from enjoying the same fully and entirely, shall be deemed fraudulent and void.

Sec. 5-415. Certain transfers of property in pursuance of lottery, void.

Every grant, bargain, sale, conveyance, or transfer of any real estate, or of any goods, chattels, things in action, or any personal property, which shall hereafter be made in pursuance of any lottery, or for the purpose of aiding and assisting in such lottery, game or other device, to be determined by lot or chance is hereby declared void and of no effect.

Sec. 5-417. Contracts, agreements and securities on account of raffling, void.

All contracts, agreements and securities given, made or executed, for or on account of any raffle, or distribution of money, goods or things in action, for the payment of any money, or other valuable thing, in consideration of a chance in such raffle or distribution, or for the delivery of any money, goods or things in action, so raffled for, or agreed to be distributed as aforesaid, shall be utterly void.

Sec. 5-419. Property staked may be recovered.

Any person who shall pay, deliver or deposit any money, property or thing in action, upon the event of any wager or bet prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered, and of the stakeholder or other person in whose hands shall be deposited any such wager, bet or stake, or any part thereof, whether the same shall have been paid over by such stakeholder or not, and whether any such wager be lost or not.

Sec. 5-421. Losers of certain sums may recover them.

Every person who shall, by playing at any game, or by betting on the sides or hands of such as do play, lose at any time or sitting, the sum or value of twenty-five dollars or upwards, and shall pay or deliver the same or any part thereof, may, within three calendar months after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof.

Sec. 5-423. Money paid for lottery tickets may be recovered by action.

Any person who shall purchase any share, interest, ticket, certificate of any share or interest, or part of a ticket, or any paper or instrument purporting to be a ticket or share or interest in any ticket, or purporting to be a certificate of any share or interest in any ticket, or in any portion of any lottery, may sue for and recover double the sum of money, and double the value of goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit.

Any person who shall have paid any money, or valuable thing, for a chance or interest in any lottery or distribution, prohibited by the penal law, may sue for and recover the same of the person to whom such payment or delivery was made.

New York Penal Law

Sec 225.00 Gambling offenses; definitions of terms.

The following definitions are applicable to this article:

1. "Contest of chance" means any contest, game, gaming scheme or gaming devise in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

2. "Gambling." A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

3. "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in "bookmaking", as defined in this section is not a "player."

4. "Advance gambling activity." A person "advances gambling activity" when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation.

5. "Profit from gambling activity." A person "profits from gambling activity" when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

6. "Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.

7. "Gambling device" means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.

7-a. A "coin operated gambling device" means a gambling device which operates as a result of the insertion of something of value. A device designed, constructed or readily adaptable or convertible for such use is a coin operated gambling device notwithstanding the fact that it may require adjustment, manipulation or repair in order to operate as such. A machine which awards free or extended play is not a gambling device merely because such free or extended play may constitute something of value provided that the outcome depends upon the skill of the player and not in a material degree upon an element of chance.

8. "Slot machine" means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on a basis other than chance. A machine which sells items of merchandise which are of equivalent value, is not a slot machine merely because such items differ from each other in composition, size, shape or color.

9. "Bookmaking" means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

10. "Lottery" means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value provided, however, that in no event shall the provisions of this subdivision be construed to include a raffle as such term is defined in subdivision three-b of section one hundred eighty-six of the general municipal law.

11. "Policy" or "the numbers game" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

12. "Unlawful" means not specifically authorized by law.

13. "Authorized gaming establishment" means any structure, structure and adjacent or attached structure, or grounds adjacent to a structure in which casino gaming, conducted pursuant to article thirteen of the racing, pari-mutuel wagering and breeding law, or Class III gaming, as authorized pursuant to a compact reached between the state of New York and a federally recognized Indian nation or tribe under the federal Indian Gaming Regulatory Act of 1988, is conducted and shall include all public and non-public areas of any such building, except for such areas of a building where either Class I or II gaming are conducted or any building or grounds known as a video gaming entertainment facility, including facilities where food and drink are served, as well as those areas not normally open to the public, such as where records related to video lottery gaming operations are kept, except shall not include the racetracks or such areas where such video lottery gaming operations or facilities do not take place or exist, such as racetrack areas or fairgrounds which are wholly unrelated to video lottery gaming operations, pursuant to section sixteen hundred seventeen-a and paragraph five of subdivision a of section sixteen hundred twelve of the tax law, as amended and implemented.

14. "Authorized gaming operator" means an enterprise or business entity authorized by state or federal law to operate casino or video lottery gaming.

15. "Casino gaming" means games authorized to be played pursuant to a license granted under article thirteen of the racing, pari-mutuel wagering and breeding law or by federally recognized Indian nations or tribes pursuant to a gaming compact reached in accordance with the federal Indian Gaming Regulatory Act of 1988, Pub. L. 100-497, 102 Stat. 2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68.

16. "Cash equivalent" means a treasury check, a travelers check, wire transfer of funds, transfer check, money order, certified check, cashiers check, payroll check, a check drawn on the account of the authorized gaming operator payable to the patron or to the authorized gaming establishment, a promotional coupon, promotional chip, promotional cheque, promotional token, or a voucher recording cash drawn against a credit card or charge card.

17. "Cheques" or "chips" or "tokens" means nonmetal, metal or partly metal representatives of value, redeemable for cash or cash equivalent, and issued and sold by an authorized casino operator for use at an authorized gaming establishment. The value of such cheques or chips or tokens shall be considered equivalent in value to the cash or cash equivalent exchanged for such cheques or chips or tokens upon purchase or redemption.

18. "Class I gaming" and "Class II gaming" means those forms of gaming that are not Class III gaming, as defined in subsection eight of section four of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703.

19. "Class III gaming" means those forms of gaming that are not Class I or Class II gaming, as defined in subsections six and seven of section four of the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2703 and those games enumerated in the Appendix of a gaming compact.

20. "Compact" or "gaming compact" means the agreement between a federally recognized Indian tribe and the state of New York regarding Class III gaming activities entered into pursuant to the federal Indian Gaming Regulatory Act, Pub. L. 100-497, 102 Stat. 2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68 (1988 & Supp. II).

21. "Gaming equipment or device" means any machine or device which is specially designed or manufactured for use in the operation of any Class III or video lottery game.

22. "Gaming regulatory authority" means, with respect to any authorized gaming establishment on Indian lands, territory or reservation, the Indian nation or tribal gaming commission, its authorized officers, agents and representatives acting in their official capacities or such other agency of a nation or tribe as the nation or tribe may designate as the agency responsible for the regulation of Class III gaming, jointly with the state gaming agency, conducted pursuant to a gaming compact between the nation or tribe and the state of New York, or with respect to any casino gaming authorized pursuant to article thirteen of the racing, pari-mutuel wagering and breeding law or video lottery gaming conducted pursuant to section sixteen hundred seventeen-a and paragraph five of subdivision a of section sixteen hundred twelve of the tax law, as amended and implemented.

23. "Premises" includes any structure, parking lot, building, vehicle, watercraft, and any real property.

24. "Sell" means to sell, exchange, give or dispose of to another.

25. "State gaming agency" shall mean the New York state gaming commission, its authorized officials, agents, and representatives acting in their official capacities as the regulatory agency of the state which has responsibility for regulation with respect to video lottery gaming or casino gaming.

26. "Unfair gaming equipment" means loaded dice, marked cards, substituted cards or dice, or fixed roulette wheels or other gaming equipment which has been altered in a way that tends to deceive or tends to alter the elements of chance or normal random selection which determine the result of the game or outcome, or the amount or frequency of the payment in a game.

27. "Unlawful gaming property" means:

(a) any device, not prescribed for use in casinio [casino] gaming by its rules, which is capable of assisting a player:

(i) to calculate any probabilities material to the outcome of a contest of chance; or

(ii) to receive or transmit information material to the outcome of a contest of chance; or

(b) any object or article which, by virtue of its size, shape or any other quality, is capable of being used in casino gaming as an improper substitute for a genuine chip, cheque, token, betting coupon, debit instrument, voucher or other instrument or indicia of value; or

(c) any unfair gaming equipment.

28. "Video lottery gaming" has the meaning set forth in subdivision six of section sixteen hundred two of the tax law.

29. "Voucher" means an instrument of value generated by a video lottery terminal representing a monetary amount and/or play value owed to a customer at a specific video lottery terminal based on video lottery gaming winnings and/or amounts not wagered

Sec. 225.05 Promoting gambling in the second degree.

A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.

Promoting gambling in the second degree is a class A misdemeanor.

Sec. 225.10 Promoting gambling in the first degree.

A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:

1. Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or

2. Receiving, in connection with a lottery or policy scheme or enterprise,

(a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or

(b) more than five hundred dollars in any one day of money played in such scheme or enterprise.

Promoting gambling in the first degree is a class E felony.

S 240.35 Loitering.

 A person is guilty of loitering when he:


2. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;

*** [rest of enumerated offenses are omitted]

Loitering is a violation

[[Substantial doubt about the constitutionality of Sec. 240.35(2) was expressed in People v. Melton, 578 N.Y.S.2d 377, 152 Misc.2d 649 (N.Y.Sup., 1991) on the basis that mere gambling as a player is not a crime in New York, and thus the attempt to criminalize the gathering for the purpose of gambling is improper.  To the same effect, see also People v. Davidson, 696 N.Y.S.2d 640 (N.Y.Sup., 1999)]]