Any NYC Poker Lawyers out there?

Well, it's been a while since I posted here, and my old username seems to have disappeared. In any event --

I want to clear up some misconceptions in this thread.

First of all, ANY form of gambling in New York is unauthorized. This is set out in the NY State Constitution, Article 1, Section 9.

[ QUOTE ]
[N]o lottery or the sale of lottery tickets, pool-selling, book-making or any other kind of gambling [except state-run lotteries and state-sponsored pari-mutuel betting on horse races] 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.

[/ QUOTE ]

However, the Constitution is not "self-executing"; it is up to the Legislature to enact laws executing the provisions of the Constitution. Those laws are found in the NY Penal Law, Section 225, and primarily target the promoters of gambling -- card clubs, bookies, what have you. The specific offenses are:

1. Promoting gambling (1st degree and 2nd degree)
2. Possession of gambling records (1st degree and 2nd degree)
3. Possession of a gambling device

In each case, the second degree crimes are misdemeanors and the first degree crimes are felonies.

The Penal Law does not target the players because the public policy of New York State is to penalize the promoters but not the players. So, to be extremely legally technical about the matter, it is probably illegal to play poker in New York, but there is no real criminal penalty for doing so. (Note: if the NYPD is feeling particularly ornery, they could give each player a ticket for "loitering in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia". NYS Penal Law 240.35(2). This does not even rise to the level of a misdemeanor. It's a "violation", basically the equivalent of a jaywalking ticket.)

I suppose some bastard DA might be able to make a case that players could be hit with "possession of a gambling device" (the chips) but again, the public policy of New York is generally not to prosecute players.

Regarding the OP's point about the seized money being "the players' money", I think you will have a very hard time convincing anyone - the NYPD, the DA, or a judge - that money found in the possession of the club at the time of a raid is money that you are legally entitled to, even if the NYPD records your exact chip count at the moment of the raid. At the very leat, I doubt that you even have a legal entitlement to the money -- there is NOTHING that says the club has to give you your money back when you attempt to cash out. They do so because it's bad business to do otherwise.

I showed up for the 'protest' last July.
I was the only one there. Not even the organizers showed up. No one. I thought I must've been in the wrong place. Nope. Barren.

[JPinAZ]

[ QUOTE ]
I showed up for the 'protest' last July.
I was the only one there. Not even the organizers showed up. No one. I thought I must've been in the wrong place. Nope. Barren.

[/ QUOTE ]

I guess this news story (and the ones that aired on local TV) were all fake then.

http://www.downtownexpress.com/de_11...rinciples.html

All I know was it was not a well run protest. I manage events for a living and this was a bust. No one to meet and greet, no contact, no signage. And for what...a little pic in a small press paper and a shot on local cable access??
Were you there?? At least I went down to check it out and put in my two cents worth.