N.Y. Veh. & Traf. Law § 1227

§ 1227. Consumption or possession of alcoholic beverages in certain\nmotor vehicles. 1. The drinking of alcoholic beverages or consumption of\ncannabis, or the possession of an open container containing an alcoholic\nbeverage, in a motor vehicle located upon the public highways or\nright-of-way public highway is prohibited. Any operator or passenger\nviolating this section shall be guilty of a traffic infraction.\n The provisions of this section shall not be deemed to prohibit the\ndrinking of alcoholic beverages, the consumption of cannabis by means\nother than burning, or the possession of an open container containing an\nalcoholic beverage by passengers in passenger vehicles operated pursuant\nto a certificate or permit issued by the department of transportation or\nthe United States department of transportation. Furthermore, the\nprovisions of this section shall not be deemed to prohibit the\npossession of wine which is: (a) resealed in accordance with the\nprovisions of subdivision four of section eighty-one of the alcoholic\nbeverage control law; and (b) is transported in the vehicle's trunk or\nis transported behind the last upright seat or in an area not normally\noccupied by the driver or passenger in a motor vehicle that is not\nequipped with a trunk.\n 2. For the purposes of this section, a passenger vehicle shall mean a\nvehicle designed to carry ten or more passengers and used to carry\npassengers for profit or hire.\n