Penal Law § 225.35

Gambling offenses; presumptions · as in force on May 31, 2026

§ 225.35 Gambling offenses; presumptions.

1. Proof of possession of any gambling device or of any gambling record specified in sections 225.15 and 225.20, is presumptive evidence of possession thereof with knowledge of its character or contents.

2. In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute presumptive proof of the occurrence of such event.

3. Possession of three or more coin operated gambling devices or possession of a coin operated gambling device in a public place shall be presumptive evidence of intent to use in the advancement of unlawful gambling activity.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/225.35

In plain English

These rules create evidentiary presumptions in gambling prosecutions.

(1) Possessing a gambling device or record specified in §§ 225.15 and 225.20 is presumptive evidence the person knew its character or contents.
(2) A generally circulated periodical’s published report of a sporting event is admissible and presumptive proof that it occurred.
(3) Possessing 3 or more coin-operated gambling devices, or 1 in a public place, is presumptive evidence of intent to use it to advance unlawful gambling. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.