N.Y. Veh. & Traf. Law § 1227

§ 1227. Consumption or possession of alcoholic beverages in certain\nmotor vehicles. 1. The drinking of alcoholic beverages, or the\npossession of an open container containing an alcoholic beverage, in a\nmotor vehicle located upon the public highways or right-of-way public\nhighway is prohibited. Any operator or passenger violating this section\nshall be guilty of a traffic infraction.\n The provisions of this section shall not be deemed to prohibit the\ndrinking of alcoholic beverages or the possession of an open container\ncontaining an alcoholic beverage by passengers in passenger vehicles\noperated pursuant to a certificate or permit issued by the department of\ntransportation or the United States department of transportation.\nFurthermore, the provisions of this section shall not be deemed to\nprohibit the possession of wine which is: (a) resealed in accordance\nwith the provisions of subdivision four of section eighty-one of the\nalcoholic beverage control law; and (b) is transported in the vehicle's\ntrunk or is transported behind the last upright seat or in an area not\nnormally occupied by the driver or passenger in a motor vehicle that is\nnot equipped 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