Drugs Possession / Sale

Criminal Code:
Possessory Counts:
§ 220.21 Criminal Possession Of A Controlled Substance First Degree

MSG client accused of possession of 3 kilos of cocaine 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.

Sale Counts:
e.g. Penal Law 220.39 (B Felony)
§ 220.39 Criminal Sale Of A Controlled Substance – Third Degree

MSG client accused of drug sale to undercover police officer; faces 12 – 25 years in State Prison. On trial cross-examination, MSG discredits undercover officer, argues that client was himself a user in the transaction.

MSG result: Jury acquittal; client went home with his family.

Myers & Galiardo LLP