Complaint #202106922, November 2021

Incident: November 8, 2021
Received: November 14, 2021
Closed: December 6, 2022


Documents:
Complaint Closing Report
NYPD Departure Letter (Melvin Balbuena)
NYPD Departure Letter (Nestor Lozano)

Reason for contact: Other
Location: Residential building
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued
Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Balbuena, Melvin
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Lozano, Nestor
Complainant: Black Female, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Search of Premises Substantiated (Command Discipline A)
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Entry of Premises Unsubstantiated
Balbuena, Melvin Black Female, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Lozano, Nestor Black Female, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

Penalties

Balbuena, Melvin
No Disciplinary Action-DUP
No penalty

Lozano, Nestor
No Disciplinary Action-DUP
No penalty


Conclusion Meanings:

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

Further details on conclusion definitions.