Complaint #202004591,
April 30, 2020

Officer: Lyubchenko, Dmitriy
Complainant: Male, 35-39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Tannazzo, Peter
Complainant: Male, 35-39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lyubchenko, Dmitriy
Complainant: Male, 35-39
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Exonerated
Officer: Lyubchenko, Dmitriy
Complainant: Male, 35-39
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Tannazzo, Peter
Complainant: Male, 35-39
Allegation: Discourtesy: Action
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Lyubchenko, Dmitriy Male, 35-39 Abuse of Authority: Threat of arrest Unfounded
Tannazzo, Peter Male, 35-39 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Lyubchenko, Dmitriy Male, 35-39 Abuse of Authority: Seizure of property Exonerated
Lyubchenko, Dmitriy Male, 35-39 Abuse of Authority: Vehicle search Exonerated
Tannazzo, Peter Male, 35-39 Discourtesy: Action Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Tannazzo, Peter
Command Discipline - A
Command Discipline - A (Vacation: 0.25 days)

Summary

On April 30, 2020, at approximately 12:25 a.m., [redacted] was pulled over by a marked patrol vehicle as he drove onto Exit 5 of the Sheridan Expressway and East 177th Street in the Bronx. Police Officer Dmitry Lyubchenko and Police Officer Robert Kosich, both of Highway District 1, approached [redacted] vehicle. PO Lyubchenko asked [redacted] for his driver's license, registration, and proof of insurance. [redacted] did not initially provide the documents, instead informing PO Lyubchenko of his Moorish American National status. PO Lyubchenko noticed that the Vehicle Identification Number (VIN) on [redacted] vehicle was covered and asked him to remove the obstruction. When [redacted] refused, PO Lyubchenko alleged told him that if he did not, he would take his property and take him to jail (Allegation A: Abuse of Authority-Threat of Arrest, [redacted]).
Police Officer Scott Rizzo and Police Officer Peter Tannazzo, both of Highway District 1, also responded to the scene. PO Tannazzo reached inside of [redacted] driver's side window and opened the door from the inside (Allegation B: Abuse of Authority-Vehicle Search, [redacted]). [redacted] continued reading a document outlining his Moorish American National status. PO Tannazzo grabbed these documents from [redacted] hands and placed them on the windshield (Allegation C: Discourtesy-Action, [redacted]). Once [redacted] was outside of the vehicle, PO Tannazzo removed the piece of paper obstructing the view of [redacted] VIN, while PO Lyubchenko simultaneously opened [redacted] driver's side door to take a photograph of the VIN located on the door jamb. PO Lyubchenko returned to his police car to issue [redacted] summonses, while PO Tannazzo remained by the vehicle, briefly searching the reachable areas of the front driver's seat (Subsumed within Allegation B) (Allegation D: Abuse of Authority-Vehicle Search, [redacted]).
Towards the end of the interaction, PO Lyubchenko seized [redacted] vehicle (Allegation E: Abuse of Authority-Seizure of Property, [redacted]).... Read report for details.


Details

Incident: April 30, 2020
Received: June 25, 2020
Closed: August 17, 2021

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 48th Precinct Bronx
Outcome: Other VTL violation summons issued

Witness Officers: Anthony Grosso, Robert Kosich, Carlos Montoya, Maxwell Potter, Scott Rizzo
Body-Worn Camera evidence collected
Video evidence collected