Informal Opinion No.

Richard H. Edwards, Esq. County Attorney, Franklin

I am writing in response to your request for an Attorney General's opinion as to whether a coin-operated "Stress 2001" machine constitutes gambling under New York State law.

Stress 2001 is a self-described "Heart and Stress Test Machine Dispensing Scratch Win Tickets". The customer places 50¢ in the machine and then has the heart and stress tests performed on him or her. (The nature of the tests is not described in the material accompanying your letter.) After the test has been completed, the machine dispenses a "scratch and win" contest…