Opinion
March 17, 1994
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The court's finding that respondent did not use or suffer the use of her car to further the crime of drug possession was not against the weight of the evidence. The placement of the drugs on the tailpipe of the car was without respondent's knowledge as corroborated by the other occupant of the car, who pleaded guilty to possession of the drugs (see, People v. Anonymous, 65 Misc.2d 288), resulting in the dismissal of criminal charges against respondent. Nor is there merit to petitioner's alternative argument that it was denied a full and fair opportunity to present its case, the record showing that counsel fully questioned the witnesses after the court had concluded its own questioning (compare, Carson v. New York City Health Hosps. Corp., 178 A.D.2d 265, with Habenicht v. R.K.O. Theatres, 23 A.D.2d 378).
We have considered petitioner's remaining contentions and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.