Complaint #202005986,
August 21, 2020

Officer: Pomerantz, Michael
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Pomerantz, Michael
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Exonerated
Officer: Pomerantz, Michael
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Derco, Christopher
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Sgambati, Matthew
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Sgambati, Matthew
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Sgambati, Matthew
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Derco, Christopher
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Derco, Christopher
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pomerantz, Michael Black Male, 15-17 Abuse of Authority: Stop Exonerated
Pomerantz, Michael Black Male, 15-17 Abuse of Authority: Photography/Videography Exonerated
Pomerantz, Michael Black Male, 15-17 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Derco, Christopher Black Male, 15-17 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Sgambati, Matthew Black Male, 15-17 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Sgambati, Matthew Black Male, 15-17 Abuse of Authority: Frisk Unsubstantiated
Sgambati, Matthew Black Male, 15-17 Abuse of Authority: Search (of person) Unsubstantiated
Derco, Christopher Black Male, 15-17 Abuse of Authority: Frisk Exonerated
Derco, Christopher Black Male, 15-17 Abuse of Authority: Search (of person) Unsubstantiated

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.
'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.


Penalties

Sgambati, Matthew
No Disciplinary Action-SOL
No penalty

Derco, Christopher
No Disciplinary Action-SOL
No penalty

Pomerantz, Michael
No Disciplinary Action-SOL
No penalty

Summary

On August 21, 2020, at approximately 5:30 p.m., Sergeant Michael Pomerantz, assigned to Narcotics Borough Manhattan North (NARCBMN), stopped [redacted] at the intersection of West 120th Street and St Nicholas Avenue in Manhattan (Allegation A: Abuse of Authority, [redacted]). Detective Matthew Sgambati, also assigned to the NARCBMN, allegedly frisked and searched [redacted] (Allegations B and C: Abuse of Authority, [redacted]). Detective Christopher Derco, also assigned to NARCBMN, frisked and searched [redacted] (Allegations D and E: Abuse of Authority, [redacted]). Sgt. Pomerantz took a photograph of [redacted] (Allegation F: Abuse of Authority, [redacted]). Sgt. Pomerantz, Det. Sgambati, and Det. Derco failed to provide their business cards to [redacted] (Allegations G-I: Abuse of Authority, [redacted]).
[redacted] was not arrested or issued any summonses as a result of this incident. Read report for details.


Details

Incident: August 21, 2020
Received: September 2, 2020
Closed: June 9, 2022

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 28th Precinct Manhattan
Outcome: No arrest made or summons issued

Video evidence collected