N.Y. Penal Law § 225.80

§ 225.80 Possession of unlawful gaming property in the first degree.\n A person is guilty of possession of unlawful gaming property in the\nfirst degree when:\n 1. He or she commits the crime of unlawful possession of gaming\nproperty in the third degree as defined in section 225.70 of this\narticle and the face value of the improper substitute property exceeds\none thousand dollars; or\n 2. He or she commits the offense of possession of unlawful gaming\nproperty in the second degree as defined in subdivision one or two of\nsection 225.75 of this article and has been previously convicted within\nthe preceding five years of any offense of which an essential element is\npossession of unlawful gaming property.\n Possession of unlawful gaming property in the first degree is a class\nD felony.\n