Complaint #202208135,
November 25, 2022

Officer: Toribio, Andres
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Toribio, Andres
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Unlawful Arrest
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Toribio, Andres Hispanic Male, 30-34 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Toribio, Andres Hispanic Male, 30-34 Abuse of Authority: Unlawful Arrest Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Toribio, Andres
Forfeit vacation 10 days
Closed: Resolved by plea, July 22, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On November 25, 2022, at approximately 9:00 PM, [redacted] parked his black 2019 Honda Accord in the bus stop located at 208 Dyckman Street in Manhattan. [redacted] entered the restaurant on the sidewalk behind the bus stop. Approximately three minutes later, Police Officer David Lee, Police Officer Ankit Gupta, and Sergeant Andres Toribio of the 34th Precinct approached [redacted] vehicle. [redacted] exited the restaurant, and the officers told him that his vehicle was reportedly stolen. SGT Toribio placed [redacted] in handcuffs and placed him inside a patrol vehicle (Allegation A: Abuse of Authority, [redacted]) SGT Toribio and PO Gupta transported [redacted] and PO Lee drove his vehicle to the 34th Precinct station house. The officers lodged [redacted] in a holding cell. SGT Toribio instructed PO Lee and PO Sheine to a conduct inventory search of [redacted] vehicle (Allegation B: Abuse of Authority, [redacted]) SGT Toribio and the officers investigated the vehicle and determined that it was not stolen. [redacted] Read report for details.


Details

Incident: November 25, 2022
Received: November 29, 2022
Closed: January 23, 2024
Last Updated: July 24, 2024

Reason for contact: Parking violation
Location: Police building
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Ankit Gupta, David Lee, Jonathan Scheine
Body-Worn Camera evidence collected
Video evidence collected