You gotta know when to fold 'em.

Cops raided an illegal poker game being run out of a Murray Hill high rise, authorities said.

Detectives with Vice Enforcement swooped in on an apartment at 245 E. 40th St. near Second Avenue at 12:15 a.m. Thursday and discovered at least 10 people playing cards at two tables set up for gambling, sources said.

The cops seized $8,850 in cash and arrested four men who admitted to running the operation, police said.

<deleted by moderator> were busted.

Read more: http://www.nypost.com/p/news/local/n...#ixzz1HdlXbljh

I wonder why the NYPD doesn't have anything better to do then bust a home game.

Well, that sucks.

I removed the names. I don't see why we need to publicize that here.

Correct. As long as there's a single unsolved murder, lets not investigate rape or arson. Once the murders, rapes and arson are all resolved, we can move on to other crimes.

Promotion of Gambling in the first degree (i.e. Being the house and making >$500 or moving >$5k a day -- a vast oversimplification) is a Class-E felony in New York State.

http://www.gambling-law-us.com/State-Laws/New-York/

TFA the OP linked is short on details. There were 10 players in the game and 8k in cash. The state law summary for NY seems to indicate that pristine wagering is legal, so one would assume this was a raked game of some sort. Also, the article just says, "Busted," so they might have just gotten misdemeanors and they'll pay a fine and move along.

As to "read more," well, there's no more to read. That's the entire poker related content of the article. The rest is just a generic police blotter.

can we get arressted if we go in a game tooo? ( i mean if the game gets busted by cops is there a possiblity that the players might get arrested too?)

IANAL, TINLA

The law appears to be in NY that as a player, not as someone profiting from the game, they could only charge you with loitering (a misdemeanor, obviously).

I suppose they could try to charge you with second degree promotion of gambling if you're a player trying to make money in an illegal game. *shrug*

Threads becomes more interesting considering the other thread currently open regarding visiting a "home poker" game that is pretty heavily raked.

Sarge

I don't care if they've solved the other crimes or not. Go have a donut and leave the poker games alone.

Not to sound like a nit...but, aren't there different departments within a police department assigned to different types of crime? I doubt these were homicide detectives that burst through the door to raid the poker game...

Don't get me wrong, I play in several raked clubs like this and personally don't have a problem with them. They are still illegal though...

I agree with the sentiments expressed above, but with 150+ postings on the NYC Craigslist for "home" poker games, you've gotta wonder if the police aren't getting pressure to do something about it. The super easy access to games and the recent casino bus accident has got to be cutting into the casino's business....

Going to NYC for work next week....hmmmn. I really hope that the clients have other plans for dinner.

Actually its only Promoting gambling in the 2nd which is a misdemeanor. First degree refers specifically to bookmaking, lottery or policy games.

I would also point out that the game not being raked would not make this legal (despite Chuck's claims in his summary). The statute refers to a person who advances or profits from unlawful gambling. And the law defines "profits from" here in a way which would apply to a raked game (profiting only as a player is not included). But the definition of advancing gambling activity does not require profit. So the guy who operates or organizes the game is advancing gambling activity even if he is not making any money from it.

I don't think so, playing is not illegal, even if the club is. That said, I wouldn't be surprised if everyone in the room would have their IDs checked for outstanding warrants.

Actually to clarify, in NY playing is illegal..... but it is not a violation of a criminal statute so you will not be charged with a crime just for playing. But then again the police could decide you are one of the guys running the game, or they could decide that you have legal responsibility for stash of heroin the guy next to you threw under your chair when the cops bust in......

Plus because gambling is illegal you run the risk that the police will claim they can seize your money (and the problem of course is that even if they have no legal basis to do this your legal bills in fighting the seizure will often be more than the amount of money you might fight over.

NYPD cops, nothing else better to do. If their not giving you a parking ticket while you are in your car with a expired meter, they are breaking down your door...for what? hosting a "home game?".

I was at a game that was busted very recently. That's exactly what happened.

As for this game specifically, I know the game mentioned and I could say things but they might have players/who run the game on the forums so I'll refrain. I will say this was a $1/3 game that was raked (10% to $15) but no way there was over $8K spread amongst 10-15 people or close to it. May be that total included the rake.

I'm too lazy to look it up. Are you legally required to present ID in New York?

Ok... ....I'm not that lazy.

New York appears to be one of the states where they can "demand" your identification.

http://en.wikipedia.org/wiki/Stop_and_identify_statutes

'round these parts, you just have to give your full legal name.

If you actually look at the law cited in that Wiki article you will see it only applies to a person who the officer reasonably suspects is commiting or has committed a misdemeanor or felony. someone who is just a player in NY would not qualify (of course the police claim they think you were operating the game). Also it just says you have to identify yourself. Youa re not required to give them your papers.

However as someone experienced with NY Law if i did not have any outstanding warrants I would identify myselfs when they asked ...... because I have nothing to lose by simplying identifying myself...... and it my cooperation might manage dto get me my money back. If I choos eto not cooperate (only so far as idnetifying myself) the police just may decide that all that money in front of me is vital evidence for the case against the operator of the game .... or they may decid ethat in as much as the money is being use din an illegal game that they will bring a civil forfeiture action against the money.


If they wanted more than identification I would not cooperate.

Unless you look Hispanic.

Not sure why I'm jabbing Arizona, though, since the idiots down here in Florida are trying to pass a similar law.

USA! USA! oh. :/

Well, I suppose you could exercise your con-sti-tu-tional right not to present your ID, but you surely will end up in handcuffs and spend the night in the clink, after which you'll appear before a Judge, at which time you can begin to vindicate your con-sti-tu-tional rights. You might even win!