Substantiated Allegations:
Abuse of Authority: Search (of person) (2)
Abuse of Authority: Search (of person) (2)
Josue D. Batista
Badge #21940,
Hispanic Male
Police Officer at 47th Precinct since June 2020
Service
started January 2017,
made $140,000 last year,
Tax #962943
Complaints
8
Complaints
20
Allegations
2
Substantiated
2
Substantiated (Command Discipline A)
1
Closed - Pending Litigation
1
Complainant Unavailable
1
Complainant Uncooperative
2
Exonerated
6
Unfounded
7
Within NYPD Guidelines
Complaint #202500224,
January 2025
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Middle Eastern/North African Male, 30-34 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Abuse of Authority: Improper use of body-worn camera |
| Complainant: | Male, 60-64 |
| CCRB Conclusion: | Within NYPD Guidelines |
Complaint #202408198,
August 2024
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Puerto Rican Male, 25-29 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Force: Physical force |
| Complainant: | Puerto Rican Female |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Abuse of Authority: Refusal to provide name |
| Complainant: | Puerto Rican Female, 40-44 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Refusal to provide shield number |
| Complainant: | Puerto Rican Female, 40-44 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Discourtesy: Word |
| Complainant: | Male, 25-29 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Force: Physical force |
| Complainant: | Puerto Rican Male, 18-20 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Force: Physical force |
| Complainant: | Puerto Rican Female, 40-44 |
| CCRB Conclusion: | Unfounded |
Complaint #202206315,
March 2022
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Male, 40-44 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Force: Hit against inanimate object |
| Complainant: | Male, 40-44 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Force: Physical force |
| Complainant: | Male, 40-44 |
| CCRB Conclusion: | Within NYPD Guidelines |
| Allegation: | Abuse of Authority: Threat of arrest |
| Complainant: | Male, 40-44 |
| CCRB Conclusion: | Within NYPD Guidelines |
Complaint #202104421,
July 2021
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 25-29 |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #202102464,
February 2020
additional details
| Allegation: | Abuse of Authority: Search (of person) |
|---|---|
| Complainant: | Black Male, 40-44 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Black Male, 40-44 |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | Black Male, 40-44 |
| CCRB Conclusion: | Exonerated |
| NYPD Conclusion: | Command Discipline - B |
| Penalty: | Command Discipline - B (Vacation: 3 days) |
| Documents: | Complaint Closing Report |
Complaint #201910953,
December 2019
additional details
| Allegation: | Abuse of Authority: Threat to damage/seize property |
|---|---|
| Complainant: | Female, 50-54 |
| CCRB Conclusion: | Exonerated |
Complaint #201905495,
June 2019
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Hispanic Male, 26 |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #201802765,
April 2018
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Black Male, 34 |
| CCRB Conclusion: | Complainant Unavailable |
| Complaint #202500224, January 2025 | ||
|---|---|---|
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Middle Eastern/North African Male, 30-34 | Within NYPD Guidelines |
| Abuse of Authority: Improper use of body-worn camera | Male, 60-64 | Within NYPD Guidelines |
| additional details | ||
| Complaint #202408198, August 2024 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Puerto Rican Male, 25-29 | Within NYPD Guidelines |
| Force: Physical force | Puerto Rican Female | Within NYPD Guidelines |
| Abuse of Authority: Refusal to provide name | Puerto Rican Female, 40-44 | Unfounded |
| Abuse of Authority: Refusal to provide shield number | Puerto Rican Female, 40-44 | Unfounded |
| Discourtesy: Word | Male, 25-29 | Unfounded |
| Force: Physical force | Puerto Rican Male, 18-20 | Within NYPD Guidelines |
| Force: Physical force | Puerto Rican Female, 40-44 | Unfounded |
| additional details | ||
| Complaint #202206315, March 2022 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Male, 40-44 | Unfounded |
| Force: Hit against inanimate object | Male, 40-44 | Unfounded |
| Force: Physical force | Male, 40-44 | Within NYPD Guidelines |
| Abuse of Authority: Threat of arrest | Male, 40-44 | Within NYPD Guidelines |
| additional details | ||
| Complaint #202104421, July 2021 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 25-29 | Complainant Uncooperative |
| additional details | ||
| Complaint #202102464, February 2020 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Search (of person) | Black Male, 40-44 | Substantiated (Command Discipline A) |
| Abuse of Authority: Search (of person) | Black Male, 40-44 | Substantiated (Command Discipline A) |
| Abuse of Authority: Frisk | Black Male, 40-44 | Exonerated |
| NYPD Conclusion: Command Discipline - B | ||
| Penalty: Command Discipline - B (Vacation: 3 days) | ||
| Documents: | Complaint Closing Report | |
| additional details | ||
| Complaint #201910953, December 2019 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Threat to damage/seize property | Female, 50-54 | Exonerated |
| additional details | ||
| Complaint #201905495, June 2019 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Hispanic Male, 26 | Closed - Pending Litigation |
| additional details | ||
| Complaint #201802765, April 2018 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Black Male, 34 | Complainant Unavailable |
| additional details | ||
Conclusion Meanings:
'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.
Discipline
Case: 2022-24992
Closed: 5/1/2024
Case Details:
- Failed to activate their body worn camera.
Penalty: Instructions
Recommendation: Other
Case: 2022-24991
Closed: 5/2/2022
Case Details:
- Wrongfully searched an individual known to the Department.
Penalty: B - Command Discipline, vacation days (3 days)
Recommendation: Command Discipline - B
Lawsuits
Named in 2 known lawsuits.Cortez, Brandon vs City of New York, et al.
Case # 033518/2019E, Supreme Court - Bronx, August 20, 2020
Cortez, Brandon vs City of New York, et al.
Case # 028508/2020E, Supreme Court - Bronx, August 20, 2020
Complaint
Description: On June 9, 2019, a police motor vehicle operated by PO Collazo struck the plaintiff causing physical injuries to the plaintiff. Thereafter PO Daniel Collazo and PO Josue Batista violently handcuffed the plaintiff and falsely accused the plaintiff of committing the crime of reckless driving, harassment in the second degree and leaving the scene of the crime. The plaintiff remained in custody until he was released on or about June 10, 2019.