| 3890 Broadway Realty, LLC v Polanco |
| 2006 NY Slip Op 51578(U) [12 Misc 3d 147(A)] |
| Decided on August 15, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court, New York County (Ernest J. Cavallo, J.), entered January 24, 2005, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
Per Curiam:
Final judgment (Ernest J. Cavallo, J.), entered January 24, 2005, affirmed, with $25 costs.
The evidence at trial established that the police obtained a warrant to search tenant's apartment and recovered half a pound of marijuana, divided into over 100 tin foil packets that were stored in clear plastic bags and zip lock bags. Also recovered were a digital scale and numerous empty zip-lock bags. The arresting police officer, based upon his extensive experience, characterized the marijuana as "packaged for sale." These demonstrated facts warranted the conclusion that tenant's apartment was being used for illegal purposes, and support the trial court's rejection of tenant's claim that the drugs were solely for personal use (see New York City Housing Development, LLC v Arias, 11 Misc 3d 138A [2006]; Farhadian v Diaz, NYLJ February 26, 1990, at 23, col 4 [App Term, 1st Dept).
This constitutes the decision and order of the Court.
Decision Date: August 15, 2006