N.Y. Comp. Codes R. & Regs. tit. 9, § 5102.14
(a) To the extent permitted by law, the commission may deny a video lottery gaming license to an applicant who has been convicted of:
(f) Notwithstanding the provisions of this section, an applicant who has been convicted of any criminal offense may receive a video lottery gaming license at the discretion of the commission. In determining whether the applicant may receive such license, the commission shall consider the following factors: