The actor was arrested on Tuesday night

By Natalie Stone
March 29, 2017 06:20 PM
D Dipasupil/FilmMagic

Adam Pally was arrested for alleged marijuana and cocaine possession on Tuesday night, PEOPLE confirms.

A spokesman for the New York Police Department confirmed to PEOPLE that The Mindy Project actor was standing in front of 308 W. 48th in New York on Tuesday evening when officers observed him smoking marijuana in public from an e-cigarette, as was first reported by TMZ.

The officers placed him under arrest and conducted a search, during which they found Pally was also in possession of a small amount of cocaine.

According to the spokesman, the 35-year-old actor and father of two was arrested at around 10:46 p.m. and was charged with two misdemeanors: criminal possession of a controlled substance (cocaine) and criminal possession of marijuana.

Pally, who plays Peter Prentice on Mindy, received a desk appearance ticket and was allowed to leave from the precinct after his arrest was processed, but he must return to court in June, according to the spokesman.

The actor’s arrest comes just a day before Entertainment Weekly reported on Wednesday that The Mindy Project will return this September on Hulu for its sixth and final season, and the same day his new comedy Most Likely to Murder began filming.

Pally is married to Daniella Liben and the couple has two kids.

A rep for Pally did not immediately respond to PEOPLE’s request for comment.