Complaint #202311806,
December 13, 2023

Officer: Hoxha, Olsen
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Babiak, Brian
Complainant: Age 21-24
Allegation: Abuse of Authority: Question
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Gitto, Anthony
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Babiak, Brian
Complainant: Age 18-20
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Hoxha, Olsen
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diaz, Ismael
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Murphy, John
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gitto, Anthony
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Babiak, Brian
Complainant: Age 21-24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Diaz, Ismael
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Ismael
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Ismael
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gitto, Anthony
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gitto, Anthony
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gitto, Anthony
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Murphy, John
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Murphy, John
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Murphy, John
Complainant: Age 18-20
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Ismael
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Gitto, Anthony
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Murphy, John
Complainant: Age 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Babiak, Brian
Complainant: Age 21-24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Babiak, Brian
Complainant: Age 18-20
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Babiak, Brian
Complainant: Age 21-24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Babiak, Brian
Complainant: Age 18-20
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Within NYPD Guidelines
Officer Complainant Allegation CCRB Board Conclusion
Hoxha, Olsen Hispanic Male, 25-29 Abuse of Authority: Other Substantiated (Command Discipline B)
Babiak, Brian Age 21-24 Abuse of Authority: Question Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Gitto, Anthony Hispanic Male, 30-34 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Babiak, Brian Age 18-20 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Hoxha, Olsen Hispanic Male, 30-34 Abuse of Authority: Other Substantiated (Command Discipline B)
Diaz, Ismael Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Murphy, John Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gitto, Anthony Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Babiak, Brian Age 21-24 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Diaz, Ismael Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Diaz, Ismael Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Diaz, Ismael Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gitto, Anthony Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gitto, Anthony Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gitto, Anthony Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Murphy, John Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Murphy, John Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Murphy, John Age 18-20 Abuse of Authority: Stop Substantiated (Command Discipline A)
Diaz, Ismael Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Gitto, Anthony Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Murphy, John Age 21-24 Abuse of Authority: Stop Substantiated (Command Discipline A)
Babiak, Brian Age 21-24 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Babiak, Brian Age 18-20 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Babiak, Brian Age 21-24 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated
Babiak, Brian Age 18-20 Discourtesy: Word Within NYPD Guidelines
CCRB Investigator Recommendation: Substantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Murphy, John
Formalized Training
Closed: Resolved by plea, August 4, 2026
APU Dismissed
Formalized Training

Hoxha, Olsen
Forfeit vacation 2 days
Closed: Resolved by plea, August 4, 2026
APU Dismissed
Forfeit vacation 2 days / Command Discipline A

Diaz, Ismael
Formalized Training
Closed: Resolved by plea, August 4, 2026
APU Dismissed
Formalized Training

Gitto, Anthony
Formalized Training
Closed: Resolved by plea, August 4, 2026
APU Dismissed
Formalized Training

Details

Incident: December 13, 2023
Received: December 15, 2023
Closed: April 29, 2025
Last Updated: August 6, 2026

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
Outcome: Summons - other violation/crime

Witness Officers: Eric Cavallo, Christina Costagliola, Nijaz Hasanbegovic, Antonio Lajara, Shaun Nola
Body-Worn Camera evidence collected