Social gambling is just as illegal in New York as professional (criminal) gambling. The only difference between the two is the severity of penalties, particularly for those hosting home poker games, versus illegal professional gambling. According to New York state law, a the definition of a “player” under gambling offenses includes a “person who gambles at a social game of chance on equal terms with the other participants”.

[Reference: http://ypdcrime.com/penal.law/article225.htm]