Opinion
December 13, 1990
Appeal from the Supreme Court, New York County [C. Beauchamp Ciparick, J.].
We find that the uncontroverted testimony of the undercover officers at the statutory hearing furnished substantial evidence to support the determination that petitioner suffered or permitted gambling on the licensed premises, in violation of the Alcoholic Beverage Control Law, and that petitioner permitted the keeping or maintaining on the licensed premises of a video display game machine of the type prohibited under rule 36.1 (t) of the Rules of the State Liquor Authority (9 9 NYCRR 53.1 [t]). The illegality of the "Trivia Whiz" video game machine is uncontested.
We find the penalty imposed to be appropriate to the offense.
Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.