New York’s highest court will soon make a decision on the future of daily fantasy sports in the state.

The Court of Appeals heard arguments Tuesday on whether the Legislature previously overstepped its bounds in determining the activity was not gambling.

The primary determination the court will have to make is if daily fantasy sports is a game of skill or a game of chance.

“You’re arguing that I cannot place a bet on whether the Buffalo Bills win their next game, but I can place a bet on whether or not their lead receiver Stefon Diggs catches the ball ten times or six times,” Hon. Eugene Fahy said to the state’s attorney.