N.Y. PEN Law § 225.32

§ 225.32 Possession of a gambling device; defenses.\n 1. In any prosecution for possession of a gambling device specified in\nsubdivision one of section 225.30 of this article, it is an affirmative\ndefense that: (a) the slot machine possessed by the defendant was\nneither used nor intended to be used in the operation or promotion of\nunlawful gambling activity or enterprise and that such slot machine is\nan antique; for purposes of this section proof that a slot machine was\nmanufactured prior to nineteen hundred forty-one shall be conclusive\nproof that such a machine is an antique; (b) the slot machine possessed\nby the defendant was manufactured or assembled by the defendant for the\nsole purpose of transporting such slot machine in a sealed container to\na jurisdiction outside this state for purposes which are lawful in such\noutside jurisdiction; or (c) the slot machine possessed by the defendant\nwas neither used nor intended to be used in the operation or promotion\nof unlawful gambling activity or enterprise, is more than thirty years\nold, and such possession takes place in the defendant's home.\n 2. Where a defendant raises an affirmative defense provided by\nsubdivision one hereof, any slot machine seized from the defendant shall\nnot be destroyed, or otherwise altered until a final court determination\nis rendered. In a final court determination rendered in favor of said\ndefendant, such slot machine shall be returned, forthwith, to said\ndefendant, notwithstanding any provisions of law to the contrary.\n