Buy the new one : not only do you get covered for an entire year by default in case anything wrong happens to the device, you get a nifty new device (IE you can get Hori screen protectors for the touchscreen, etc.)!
With getting a used DSLite, you run the risk of some subtle technical difficulties that might have had the device returned for whatever reasons (ie cracked hinges, severely scratched touchscreen, broken shoulder buttons). Add the fact that it isn't warrantied (unless you're willing to put out at least 15$ for a year warranty, which would only bring it closer to the pricetag of a new DSLite), and you would take the new DSLite as a better option by default.
i work at a used video game store. we wouldn't take anything that is broken, at least not on purpose. usually, because they are used, they are not sealed in their box. and if it IS sealed in the box, all the better! ask to see it before you buy it. things to look for would be: scratches on the outside (if you care), screen scratches, short battery life, make sure the back-light works properly, and make sure it playes both ds and gba carts fine. also, see if it has the little place saver for the gba slot. mines a used one that i got from my store, it plays like a brand new one. im very satisfied.
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