{"jurisdiction": "us-ny", "code": "penal", "section": "225.35", "citation": "Penal Law § 225.35", "heading": "Gambling offenses; presumptions", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/225.35", "from_official_api": true, "plain_english": "These rules create evidentiary presumptions in gambling prosecutions.\n- **(1)** Possessing a gambling device or record specified in **§§ 225.15 and 225.20** is presumptive evidence the person **knew its character or contents**.\n- **(2)** A generally circulated periodical’s published report of a sporting event is admissible and presumptive proof that it occurred.\n- **(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. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/225.35", "publisher": "Elyphived LLC"}