NYC poker raid?

[Voltron87]

so does anyone know which clubs are going to reopen? It sounds like NYPC might be closed for good almost.

[cardshark]

[ QUOTE ]
...the only question is whether poker is gambling under NYS law.

[/ QUOTE ]

I'm afraid it is. Subsections 1 and 2, of Section 225, define "Contest of chance" and "Gambling"

[ QUOTE ]

1. "Contest of chance" means any contest, game, gaming scheme or gaming device 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.

[/ QUOTE ]

In plain English now:

Because you draw cards from a randomized deck, the outcome "depends in a material degree upon an element of chance", however, since skill plays a a role they added the part "... notwithstanding that skill of the contestants may also be a factor therein."

I would like to stress out the fact that I do not agree with the NYS Penal Law, whatever has to do with gambling or poker etc.

[junkanoo]

Playstation CHARGED for cookies??

[satelliter]

No, backgammon has an element of chance, "notwithstanding a ... skill factor". It has been held 'not gambling' by New York Courts. The question in defining "material element" is whether skill or luck "predominates". I call our moderator as my witness.

[other1]

I'm a little confused.. so it's legal to play backgammon for money in NYS? Does that mean it's also legal to open up a backgammon hall whre people play for money?

[satelliter]

Yes

[KenProspero]

Interesting side-bar to the story, which I heard on the news this morning.

"Police say all of those arrested were employees of the clubs. There were between 100 and 150 players inside each parlor at the time of the raids, but it is not illegal to play poker in New York State only to profit from gambling."

It's nice to know that the home games are probably legal in NY.

For anyone interested, here's the whole story.

Poker Bust Story

[other1]

Interesting. So you could just throw backgammon sets on all the tables and reopen.

I'm not a backgammon player.. Is the skill to luck ratio in it higher than in poker? You roll the dice to move.. seems like quite an element of luck.

[PokerCrab]

Any word on any of the poker clubs in the manhattan area open or should I get ready to pack up and move to AC or Vegas?

[Luv2DriveTT]

[ QUOTE ]
Interesting. So you could just throw backgammon sets on all the tables and reopen.

[/ QUOTE ]

According to a reliable witness, the police knew who all the employees were. Satelliter's risk may continue should he reopen the club for business, as material witnesses may already exist. The police do not have to bust a game in progress, they just need an affidavit from witnesses and a court order.

PS: Please correct me if I am wrong.

TT [img]/images/graemlins/club.gif[/img]