The defendant was in the driver's seat, but he was not the driver. The driver occupied the passenger seat, but did not drive either.

Both in fact had their heads rolled back and their eyes shut.

The sleeping car sat on a dark side street in Manhattan, and officers on patrol noticed the knocked-out occupants. Concerned about their well-being, the officers knocked on the glass.

Roused from their slumber, the two fellows did not greet consciousness with a smile.

The alarm clock in the blue uniforms induced extreme paranoia, and the two sleepers asked the police to "Please go away."

Nothing makes a cop want to hang around more than asking them to leave.

Ultimately, the officers found 27 bags of crack in the car.

The defense attorney maintains that while his client was "factually guilty," there really was no way the officers should have found the rock cocaine.

Moreover, the defendant was just sitting in the driver's seat; it was not his car. It was the real driver — the man sitting next to him — who told the police the crack was his.

The seating-plan logistics fail to impress the judge, and he hands down a $5,000 bail.