| Officer: | Smith, Cory |
|---|---|
| Complainant: | Black Male, 37 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Smith, Cory |
| Complainant: | Black Male, 37 |
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Smith, Cory |
| Complainant: | Black Male, 37 |
| Allegation: | Discourtesy: Word |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Smith, Cory |
| Complainant: | Black Male, 37 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Cussen, David |
| Complainant: | Black Male, 37 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Moncada, Tatiana |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Smith, Cory |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Song, Daniel |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Song, Daniel |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Song, Daniel |
| Complainant: | Hispanic Male, 17 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Smith, Cory |
| Complainant: | Black Male, 37 |
| Allegation: | Discourtesy: Action |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Smith, Cory |
| Complainant: | Hispanic Male, 18 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Smith, Cory | Black Male, 37 | Abuse of Authority: Search (of person) | Substantiated (Charges) |
| Smith, Cory | Black Male, 37 | Abuse of Authority: Refusal to provide name/shield number | Unsubstantiated |
| Smith, Cory | Black Male, 37 | Discourtesy: Word | Unsubstantiated |
| Smith, Cory | Black Male, 37 | Abuse of Authority: Frisk | Substantiated (Charges) |
| Cussen, David | Black Male, 37 | Abuse of Authority: Stop | Substantiated (Charges) |
| Moncada, Tatiana | Hispanic Male, 18 | Abuse of Authority: Stop | Substantiated (Charges) |
| Smith, Cory | Hispanic Male, 18 | Abuse of Authority: Search (of person) | Substantiated (Charges) |
| Song, Daniel | Hispanic Male, 17 | Abuse of Authority: Stop | Substantiated (Charges) |
| Song, Daniel | Hispanic Male, 17 | Abuse of Authority: Search (of person) | Substantiated (Charges) |
| Song, Daniel | Hispanic Male, 17 | Abuse of Authority: Frisk | Substantiated (Charges) |
| Smith, Cory | Black Male, 37 | Discourtesy: Action | Substantiated (Charges) |
| Smith, Cory | Hispanic Male, 18 | Abuse of Authority: Frisk | Substantiated (Charges) |
Further details on conclusions.
A Black man was standing on a public street in downtown Flushing next to a marine recruiting center, waiting for a car service he had called. Two teenage Latino men were speaking with the recruiter. Nearly everyone else on the busy pedestrian street was Asian. Plainclothes members of an NYPD anti-crime unit, led by Sergeant David Cussen, and including Police Officers Cory Smith and Daniel Song approached the man, asked him for ID, frisked him, and searched him. They also asked for the IDs of the two men who were talking to the marine recruiter. When the man asked for a shield number, PO Smith pulled his shield out from under his shirt and held it up to the man, but did not give his name.
Before the officers were shown surveillance video of the incident, they stated that they had observed the man looking at women's purses as they walked by, that they were familiar with him from a prior arrest, and that there was a bulge in the man's pocket that appeared to be a dangerous weapon. Sergeant Cuseen stated that he had not played a role in the stop, and that only PO Smith had done so. PO Smith stated that he simply had asked for identification, which the man had provided, and that he did not search the man's pocket but that the man had voluntarily shown him that he had an iPhone in his pocket. PO Song stated that he only did crowd control and spoke with the men at the recruiting office, but did not search them.
The video of the incident showed that in fact Sergeant Cussen initiated the stop by asking for the man's identification, that PO Smith frisked the man, and that the two men speaking to the marine recruiter were frisked and that their backpacks were searched. This corresponded precisely to the complainant's account and did not match any officer's account of the incident. When confronted with the video, Sergeant Cussen stated that he had confused the incident for another one, then stated repeatedly, at the urging of his attorney, that he didn't recall key portions of the incident.
The CCRB found that all three...
Read report for details.