In People v. Vernon, 89 Misc.2d 472 (S.Ct. NY County, 1977) the defendant was charged with the felony of criminal possession of a weapon. The court found that the polygraph evidence, while not admissible at trial, was admissible at a Clayton hearing (a hearing on a motion to dismiss in the interests of justice). The court reasoned that the defendant was at a potential disadvantage in knowing what happened and in producing evidence concerning the gun, because of his voluntary intoxication. Although not required to produce evidence, if he wanted to, the defendant would in effect be attempting to prove a negative, i.e., that he did not possess the weapon. "The defendant argues that where he, in fact, has the means to persuade the court on a Clayton hearing as distinguished from a trial, that injustice would result, the court should not anaesthetize itself from such persuasion, even though it be by means impermissible on a trial and, perhaps even more so because it is unavailable on the trial." (Id. at 474.) In the end, the court found the evidence to be probative of the issues before it and found that it was properly admitted at the Clayton hearing.