Substantiated Allegations:
Abuse of Authority: Failure to provide RTKA card
Abuse of Authority: Failure to provide RTKA card
Andrey Smirnov
Deputy Inspector
at
123rd Precinct
since September 2020
Also served in:
120th Precinct,
Transit Bureau Citywide Vandals Task Force,
Transit Bureau District 4,
Narcotics Borough Brooklyn South
Service
started July 2002,
made $202,000 last year,
active
White Male
Lawsuit settlements:
$20,000 Alaheri, Ali vs Jackson, Essence, et al., 2018 KCSC KCSC 514112/2018
$27,000 Alonso, Francisco, et al. vs City of New York, et al., 2016 EDNY EDNY 16CV01237
$90,000 Lanorith, Patrick vs City of New York, et al., 2015 EDNY EDNY 15CV00617
$125,000 Henry, Patrick vs City of New York, et al., 2014 EDNY EDNY 14CV02619
$60,000 Neal v. The City of New York et al, 2014 EDNY EDNY 14CV03869
$44,100 Cosentino, Anthony vs City of New York, et al., 2013 EDNY EDNY 13CV04100
$200,000 Cummings, Stephen vs City of New York, et al., 2013 SDNY SDNY 13CV00640
$60,000 Birch v. The City of New York et al, 2010 EDNY EDNY 10CV01584
$20,000 Saltarella v. the City of New York, 2009 EDNY EDNY 09CV01344
View Details
$20,000 Alaheri, Ali vs Jackson, Essence, et al., 2018 KCSC KCSC 514112/2018
$27,000 Alonso, Francisco, et al. vs City of New York, et al., 2016 EDNY EDNY 16CV01237
$90,000 Lanorith, Patrick vs City of New York, et al., 2015 EDNY EDNY 15CV00617
$125,000 Henry, Patrick vs City of New York, et al., 2014 EDNY EDNY 14CV02619
$60,000 Neal v. The City of New York et al, 2014 EDNY EDNY 14CV03869
$44,100 Cosentino, Anthony vs City of New York, et al., 2013 EDNY EDNY 13CV04100
$200,000 Cummings, Stephen vs City of New York, et al., 2013 SDNY SDNY 13CV00640
$60,000 Birch v. The City of New York et al, 2010 EDNY EDNY 10CV01584
$20,000 Saltarella v. the City of New York, 2009 EDNY EDNY 09CV01344
View Details
Complaints
9
Allegations
1
Substantiated
6
Complaints
1
Substantiated (Command Discipline A)
3
Complainant Uncooperative
1
Complaint Withdrawn
2
Exonerated
2
Unsubstantiated
October 2021 Complaint
additional details
| Allegation: | Abuse of Authority: Failure to provide RTKA card |
|---|---|
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Allegation: | Abuse of Authority: Stop |
| CCRB Conclusion: | Exonerated |
April 2013 Complaint
additional details
| Allegation: | Abuse of Authority: Vehicle search |
|---|---|
| Complainant: | Black Male, 32 |
| CCRB Conclusion: | Unsubstantiated |
December 2010 Complaint
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | White Male, 33 |
| CCRB Conclusion: | Complaint Withdrawn |
March 2009 Complaint
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Asian Male, 18 |
| CCRB Conclusion: | Exonerated |
June 2008 Complaint
additional details
| Allegation: | Abuse of Authority: Frisk |
|---|---|
| Complainant: | Hispanic Male, 35 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Hispanic Male, 35 |
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Abuse of Authority: Stop |
| Complainant: | Hispanic Male, 35 |
| CCRB Conclusion: | Complainant Uncooperative |
May 2007 Complaint
additional details
| Allegation: | Offensive Language: Ethnicity |
|---|---|
| Complainant: | Asian Male, 53 |
| CCRB Conclusion: | Unsubstantiated |
| October 2021 Complaint | ||
|---|---|---|
| Allegation | CCRB Conclusion | |
| Abuse of Authority: Failure to provide RTKA card | Substantiated (Command Discipline A) | |
| Abuse of Authority: Stop | Exonerated | |
| additional details | ||
| April 2013 Complaint | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Vehicle search | Black Male, 32 | Unsubstantiated |
| additional details | ||
| December 2010 Complaint | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | White Male, 33 | Complaint Withdrawn |
| additional details | ||
| March 2009 Complaint | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Asian Male, 18 | Exonerated |
| additional details | ||
| June 2008 Complaint | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Frisk | Hispanic Male, 35 | Complainant Uncooperative |
| Abuse of Authority: Search (of person) | Hispanic Male, 35 | Complainant Uncooperative |
| Abuse of Authority: Stop | Hispanic Male, 35 | Complainant Uncooperative |
| additional details | ||
| May 2007 Complaint | ||
| Allegation | Complainant | CCRB Conclusion |
| Offensive Language: Ethnicity | Asian Male, 53 | Unsubstantiated |
| 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.
Lawsuits
Named in 11 known lawsuits, $646,100 total settlements.Alaheri, Ali vs Jackson, Essence, et al.
Case # 514112/2018, Supreme Court - Kings, September 6, 2018, ended July 11, 2019
$20,000 Settlement
Complaint
Description: On July 11, 2015, plaintiff was unlawfully stopped. searched and frisked without probable cause. Plaintiff was then falsely handcuffed and arrested. After being taken to central booking, plaintiff was falsely charged with criminal possession of a controlled substance. All charges were eventually dismissed.
Falchetti, Maria vs City of New York, et al.
Case # 16CV04694, U.S. District Court - Eastern District NY, August 29, 2016, ended September 7, 2017
Zero Disposition
Complaint
Description: Defendant officers broke into Plaintiff's home with a "no knock warrant" and guns drawn, assaulted her, searched her home for 1.5 hours, arrested her, took her to the 60th Precinct, interrogated her, and released her with a DAT. Plaintiff later found out she was charged with 220.03 which was later dismissed.
Alonso, Francisco, et al. vs City of New York, et al.
Case # 16CV01237, U.S. District Court - Eastern District NY, March 17, 2016, ended January 25, 2017
$27,000 Settlement
Complaint
Description: Defendant officers forcibly entered Plaintiff's residence in riot gear under the guise of an alleged search warrant, handcuffed Plaintiffs, searched the apartment, and claimed to find a controlled substance which was actually Plaintiff's deceased mother's magnesium pills. Plaintiffs were arrested, and charged with possession, which was later dismissed.
Macdonald King, Wilfred vs Marshall, Pom Steven, et al.
Case # 15CV03779, U.S. District Court - Eastern District NY, August 4, 2015, ended May 15, 2019
Zero Disposition
Lanorith, Patrick vs City of New York, et al.
Case # 15CV00617, U.S. District Court - Eastern District NY, February 13, 2015, ended February 5, 2019
$90,000 Settlement
Amended Complaint
Description: Defendant officer pulled up to a vehicle in which plaintiff was a passenger, yanked him out, handcuffed him, and then assaulted him. Plaintiff was taken to the hospital where an IAB investigation was initiated. Plaintiff was eventually taken to the 120th Precinct and charged him with false charges which were dismissed after 4 court appearances.
Henry, Patrick vs City of New York, et al.
Case # 14CV02619, U.S. District Court - Eastern District NY, May 22, 2014, ended July 10, 2015
$125,000 Settlement
Amended Complaint, Complaint
Neal v. The City of New York et al
Case # 14CV03869, U.S. District Court - Eastern District NY, 2014
$60,000 Settlement
Complaint
Description: Plaintiff was lawfully present in front of 25 Morningstar Road, Staten Island , New York . The defendants approached Neal and stated "freeze". Plaintiff placed his hands above his head and didn't move , defendants threw Neal face first into a police van. Plaintiff was thrown to the ground , choked and kicked numerous times and handcuffed.
Cosentino, Anthony vs City of New York, et al.
Case # 13CV04100, U.S. District Court - Eastern District NY, July 29, 2013, ended March 25, 2015
$44,100 Settlement
Amended Complaint
Description: Defendant officers stopped and searched Plaintiff's vehicle without cause, recovered one legally prescribed alprazolam pill, and arrested him and brought him to the 120th PCT. Plaintiff was given a DAT for Crim poss. Of a controlled substance, which was later dismissed.
Cummings, Stephen vs City of New York, et al.
Case # 13CV00640, U.S. District Court - Southern District NY, February 6, 2013, ended October 23, 2013
$200,000 Settlement
Second Amended Complaint, Stipulation
Birch v. The City of New York et al
Case # 10CV01584, U.S. District Court - Eastern District NY, 2010
$60,000 Settlement
Complaint, Stipulation
Saltarella v. the City of New York
Case # 09CV01344, U.S. District Court - Eastern District NY, 2009
$20,000 Settlement
Complaint