“Experts don’t know how the cops could have confused the two. Cops eventually got hip to the difference and closed the investigation, leaving the tomatoes alone. The unidentified owner of the tomato stash won’t have to deal with the cops but he will have to deal with his super, who said he’d lock the door to the roof. ‘No one’s supposed to be there anyway,’ Delarosa said.”
http://www.nydailynews.com/new-york/cops-mistake-tomato-plants-pot-article-1.1338781