Car Seat Tray

Car Seat tray
Question about alcohol container in car NYC?

My friend was driving and I was in the passenger seat smoking cigerettes and ashing in an empty wine bottle. My question is, is it illegal to possess an empty alcohol container in a car in which its sole purpose was to serve as an ash tray. No body was drinking and my friend would have passed a field sobriety test if given one. The state is New York.

yes it is because it is an open container of alcohol
even it is used for something else