Criminal Defense | Myers, Singer & Galiardo LLP

Our legal system’s precept of “innocent until proven guilty” is small personal comfort if you are charged with a crime.

The system’s machinery has little regard and even less pity for individuals who fail to defend their rights with tenacity, skill and intelligence.

Twenty years trial experience, unwavering commitment to our clients; a reputation earned one individual at a time. At MSG, liberty is personal.

Criminal Defense – D.W.I.

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MSG client charged with DWI

Vehicle & Traffic Law (VTL)
Section 1192

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. for running toll booth and “smelling of alcohol.” Breathalyzer more than twice the legal limit. MSG introduced video taken at the precinct in which the client appeared sober. Jury rejected breathalyzer results. MSG result: Client found Not Guilty at trial.

MSG client accused of DWI

Vehicle & Traffic Law (VTL)
Section 1192

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. coming home from a work related celebration. Client blew a .26 on the breathalyzer. MSG filed motion on the ground that the client’s speedy trial rights were violated. MSG result: Case Dismissed. No suspension of license. No mandatory classes. No fines. Vehicle returned to the client.

Criminal Defense – Drug Possession & Sale

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MSG client accused of possession of 3 kilos of cocaine

Possessory Counts:
e.g. Penal Law 220.21
(A1 Felony)

§ 220.21 Criminal Possession Of A Controlled Substance First Degree while riding in the rear seat of a vehicle. MSG challenged the police officer’s stop of the vehicle on unconstitutional grounds, arguing that the police had no probable cause to pull the car over and did so for illegal reasons. Motion to suppress the drug charges granted. MSG result: Case dismissed. Life sentence avoided.

MSG client accused of drug sale to undercover police officer

e.g. Penal Law 220.39
(B Felony)

§ 220.39 Criminal Sale Of A Controlled Substance – Third Degree; faces 12 – 25 years in State Prison. On trial cross-examination, MSG discredits undercover officer, argues that client was himself a user of drugs, but not a drug seller. MSG result: Jury acquittal; client went home with his family.

Criminal Defense – Weapons Possession & Sale

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MSG client charged with tossing a gun to the ground

Criminal Code:
e.g. Penal Law 265.02
(D Felony)

§ 265.02 Criminal Possession Of A Weapon In The Third Degree while pursued by police breaking up a street “craps” game. On trial cross-examination, MSG shows police testimony is not credible; jury determines that officers had “flaked” with the weapon. MSG result: Client acquitted.

MSG client accused of selling illegal weapons

Criminal Code:
e.g. Penal Law 265.02
(D Felony)

§ 265.02 Criminal Possession Of A Weapon In The Third Degree from his storefront. MSG result: ADA is convinced by MSG to reduce charges to non-criminal “disorderly conduct” in a favorable plea bargain. Immigration issues resolved in favor of client.

Criminal Defense – Theft / Larceny

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MSG client charged with $350,000 embezzlement

Criminal Code:
e.g. Penal Law 155.40
(C Felony)

§ 155.40 Grand Larceny In The Second Degree (Extortion) from employer. MSG negotiated the case, preparing an extensive social report detailing client’s accomplishments and standing in the community. MSG result: 90 days in jail and repayment of $50,000.

MSG client accused of receiving significant and illegal benefits

Criminal Code:
e.g. Penal Law 155.40
(C Felony)

§ 155.40 Grand Larceny In The Second Degree (Extortion) from the City and State following September 11 2001 disaster. MSG result: Jury acquits client of all felony charges. MSG obtains misdemeanor verdict and a sentence of probation.

Criminal Defense – Robbery

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MSG client accused of gunpoint robbery

Criminal Code:
e.g. Penal Law 160.15
(B Felony)

§ 160.15 Robbery In The First Degree (Dangerous Instrument) in the subway. Client on parole and categorized as a “mandatory persistent violent felon” facing 25 years to life in State Prison. MSG convinced a jury that the complainant may have been intoxicated, lacked credibility and the identification of our client was flawed. MSG result: Trial Verdict of not guilty. Life sentence avoided.

Criminal Defense – Assault

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MSG client accused of point-blank shooting

Criminal Code:
e.g. Penal Law 110/125.00
(B Violent Felony)

§ 110/125.00 Attempted Homicide of rival neighbor. Separate gun found at client’s apartment. MSG exposed complaining witness as biased and incredible. MSG result: Not guilty verdict to charges of Assault in the First Degree and Attempted Murder.

MSG client accused of assaulting man with baseball bat

Criminal Code:
e.g. Penal Law 120.10
(B Felony)

§ 120.10 Assault In The First Degree. MSG convinced the jury that (despite the victim’s injuries) client did not start altercation and was acting in self defense. MSG result: Not guilty on all charges.

Criminal Defense – Sexual Offenses

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MSG client charged with sexually molesting his daughter’s friend

Criminal Code:
e.g. Penal Law 130.30
(D Felony)

§ 130.30 Rape In The Second Degree after slipping something into her drink, rendering her unconscious. MSG showed that complainant lacked credibility and that physical evidence did not substantiate her claims. MSG result: Client fully exonerated.

MSG client charged with molesting his young female cousin

Criminal Code:
e.g. Penal Law 130.45
(D Felony)

§ 130.45 Criminal Sexual Act In The Second Degree. MSG lost in a bench trial, but took convicting judge to Appeals Court. MSG result: Overturned conviction on appeal. Case dismissed.

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