Substantiated Allegations:
Abuse of Authority: Frisk (2)
Abuse of Authority: Vehicle search (2)
Abuse of Authority: Frisk (2)
Abuse of Authority: Vehicle search (2)
John D. Musante
Badge #15,
White Male, 42
Also served at
First Deputy Commissioner,
Detective Bureau Central Robbery Division,
25th Precinct,
110th Precinct,
83rd Precinct
Service
started January 2004,
made $201,000 last year,
Tax #934019
Lawsuit settlements:
$23,000 Rivera, Jose vs City of New York, et al., 2015 EDNY EDNY 15CV06241
View Details
$23,000 Rivera, Jose vs City of New York, et al., 2015 EDNY EDNY 15CV06241
View Details
Complaints
9
Complaints
21
Allegations
4
Substantiated
4
Substantiated (Charges)
1
Complainant Uncooperative
6
Exonerated
10
Unsubstantiated
Complaint #201508122,
September 2015
additional details
| Allegation: | Abuse of Authority: Stop |
|---|---|
| Complainant: | White Male, 27 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | White Male, 27 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Premises entered and/or searched |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201302149,
March 2013
additional details
| Allegation: | Abuse of Authority: Search (of person) |
|---|---|
| Complainant: | Hispanic Male, 25 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Hispanic Male, 25 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201214106,
November 2012
additional details
| Allegation: | Abuse of Authority: Vehicle stop |
|---|---|
| Complainant: | Hispanic Male, 25 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Hispanic Male, 22 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Hispanic Male, 22 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Hispanic Male, 22 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Hispanic Male, 25 |
| CCRB Conclusion: | Substantiated (Charges) |
| NYPD Conclusion: | APU Guilty |
| CCRB Recommended Penalty: | Forfeit vacation 7 days |
| APU Trial Commissioner Penalty: | Forfeit vacation 7 days |
| APU Case Status: | Closed: Guilty after trial, February 2016 |
| Penalty: | Forfeit vacation 7 days |
Complaint #201205811,
May 2012
additional details
| Allegation: | Abuse of Authority: Frisk |
|---|---|
| Complainant: | Hispanic Male, 19 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Hispanic Male, 19 |
| CCRB Conclusion: | Unsubstantiated |
| NYPD Conclusion: | APU Not guilty |
| CCRB Recommended Penalty: | Forfeit vacation 7 days |
| APU Case Status: | Closed: Not guilty after trial, February 2016 |
Complaint #201107947,
June 2011
additional details
| Allegation: | Discourtesy: Word |
|---|---|
| Complainant: | Hispanic Female, 43 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Physical force |
| Complainant: | Hispanic Male, 15 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Hispanic Female, 43 |
| CCRB Conclusion: | Exonerated |
Complaint #200812276,
August 2008
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Hispanic Male, 25 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #200700885,
January 2007
additional details
| Allegation: | Abuse of Authority: Question and/or stop |
|---|---|
| Complainant: | Black Male, 36 |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #200700929,
January 2007
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 39 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #200513310,
November 2005
additional details
| Allegation: | Abuse of Authority: Retaliatory arrest |
|---|---|
| Complainant: | White Male, 29 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Discourtesy: Word |
| Complainant: | Male, 23 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Question and/or stop |
| Complainant: | Male, 23 |
| CCRB Conclusion: | Exonerated |
| Complaint #201508122, September 2015 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Stop | White Male, 27 | Exonerated |
| Abuse of Authority: Frisk | White Male, 27 | Exonerated |
| Abuse of Authority: Premises entered and/or searched | Unsubstantiated | |
| additional details | ||
| Complaint #201302149, March 2013 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Search (of person) | Hispanic Male, 25 | Unsubstantiated |
| Abuse of Authority: Frisk | Hispanic Male, 25 | Unsubstantiated |
| additional details | ||
| Complaint #201214106, November 2012 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle stop | Hispanic Male, 25 | Unsubstantiated |
| Abuse of Authority: Frisk | Hispanic Male, 22 | Substantiated (Charges) |
| Abuse of Authority: Search (of person) | Hispanic Male, 22 | Unsubstantiated |
| Abuse of Authority: Vehicle search | Hispanic Male, 22 | Substantiated (Charges) |
| Abuse of Authority: Vehicle search | Hispanic Male, 25 | Substantiated (Charges) |
| NYPD Conclusion: APU Guilty | ||
| CCRB Recommended Penalty: Forfeit vacation 7 days | ||
| APU Trial Commissioner Penalty: Forfeit vacation 7 days | ||
| APU Case Status: Closed: Guilty after trial, February 2016 | ||
| Penalty: Forfeit vacation 7 days | ||
| additional details | ||
| Complaint #201205811, May 2012 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Frisk | Hispanic Male, 19 | Substantiated (Charges) |
| Abuse of Authority: Search (of person) | Hispanic Male, 19 | Unsubstantiated |
| NYPD Conclusion: APU Not guilty | ||
| CCRB Recommended Penalty: Forfeit vacation 7 days | ||
| APU Case Status: Closed: Not guilty after trial, February 2016 | ||
| additional details | ||
| Complaint #201107947, June 2011 | ||
| Allegation | Complainant | CCRB Conclusion |
| Discourtesy: Word | Hispanic Female, 43 | Exonerated |
| Force: Physical force | Hispanic Male, 15 | Unsubstantiated |
| Force: Physical force | Hispanic Female, 43 | Exonerated |
| additional details | ||
| Complaint #200812276, August 2008 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Hispanic Male, 25 | Unsubstantiated |
| additional details | ||
| Complaint #200700885, January 2007 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Question and/or stop | Black Male, 36 | Complainant Uncooperative |
| additional details | ||
| Complaint #200700929, January 2007 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 39 | Unsubstantiated |
| additional details | ||
| Complaint #200513310, November 2005 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Retaliatory arrest | White Male, 29 | Exonerated |
| Discourtesy: Word | Male, 23 | Unsubstantiated |
| Abuse of Authority: Question and/or stop | Male, 23 | Exonerated |
| additional details | ||
Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'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.
Discipline
Case: 2014-11554
Closed: 5/27/2014
Case Details:
- Guilty: While on-duty, wrongfully searched a person known to the Department's vehicle without sufficient legal authority.
- Guilty: While on-duty, abused his authority as a member of the New York City Police Department in that he frisked a person known to the Department without sufficient legal authority.
Penalty: Vacation days (7 days)
Lawsuits
Named in 2 known lawsuits, $23,000 total settlements.Rivera, Jose vs City of New York, et al.
Case # 15CV06241, U.S. District Court - Eastern District NY, November 4, 2015, ended May 4, 2017
$23,000 Settlement
Complaint
Description: Plaintiff was urinating in public, when approached by the officers and assaulted. IAB investigated the assault.
Cerda, Ruben D., et al. vs City of New York, et al.
Case # 15CV05371, U.S. District Court - Eastern District NY, September 22, 2015, ended December 6, 2018
Zero Disposition
Complaint, Amended Complaint, Second Amended Complaint
Description: Defendant Officers stopped Plaintiffs' car and searched the car and their persons.
Other Documents
Brooklyn DA Disclosure Letter
references
additional lawsuit
10CV5651
NYPD Trial Decision 2/18/2016
NYPD Trial Decision 2/18/2016