Complaint #201609358,
November 8, 2016

Officer: Cuoco, Tony
Complainant: Black Male, 38
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Seder, James
Complainant: Black Male, 38
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Seder, James
Complainant: Black, 27
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Daverin, Henry
Complainant: Black Male, 38
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Cuoco, Tony
Complainant: Black Male, 38
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Cuoco, Tony
Complainant: Black Male, 38
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Cuoco, Tony Black Male, 38 Abuse of Authority: Search (of person) Substantiated (Command Discipline A)
Seder, James Black Male, 38 Abuse of Authority: Stop Unsubstantiated
Seder, James Black, 27 Abuse of Authority: Frisk Unsubstantiated
Daverin, Henry Black Male, 38 Abuse of Authority: Stop Unsubstantiated
Cuoco, Tony Black Male, 38 Abuse of Authority: Stop Unsubstantiated
Cuoco, Tony Black Male, 38 Abuse of Authority: Frisk Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalty

Cuoco, Tony
Command Discipline - A

Summary

At approximately 10:00 PM on November 8, 2016, [redacted] and [redacted] parked their black Honda Accord in front of a fire hydrant at the intersection of New Jersey Avenue and New Lots Avenue in Brooklyn. [redacted] left the vehicle and went to a nearby grocery store. While [redacted] was away from the vehicle, 75th Precinct Anti-Crime officers Sergeant Henry Daverin, Police Officer James Seder, and Police Officer Tony Cuoco spotted the vehicle. After watching the vehicle, the officers approached the vehicle to conduct an investigation. The officers approached the vehicle and began to speak with [redacted]. [redacted] then returned to the vehicle and the officers stopped him, asked for his identification, and asked [redacted] out of the vehicle (Allegation A, B, and C). [redacted] refused to provide identification. PO Cuoco frisked [redacted] (Allegation D). PO Cuoco then reached into [redacted]'s pants pocket, and retrieved [redacted]'s wallet (Allegation E). While [redacted] was being frisked, PO Seder ordered [redacted] out of the vehicle, and frisked him (Allegation F). At some point during the stop, Police Officer Michael Lagatolla and Police Officer Michael Desposito of the 75th Precinct arrived. They did not interact with the civilians. The incident ended when it was discovered that [redacted]'s brother is an NYPD officer. Sgt. Daverin failed to prepare a memo book entry regarding this incident (Allegation G). Read report for details.


Details

Incident: November 8, 2016
Received: November 9, 2016
Closed: June 8, 2017

Reason for contact: Parking violation
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Michael Desposito, Michael Lagattolla
Video evidence collected