Opinion
570206/05.
Decided August 15, 2006.
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.
Final judgment (Ernest J. Cavallo, J.), entered January 24, 2005, affirmed, with $25 costs.
PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ
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 138 A [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.