Substantiated Allegations:
Force: Hit against inanimate object
Force: Hit against inanimate object
Frank A. Desiderato
Badge #2648,
White Male, 50
Also served at
120th Precinct
Service
started January 2005,
made $154,000 last year,
Tax #936473
Lawsuit settlements:
$326,000 Kuyateh, Lasou vs City of New York, et al., 2021 EDNY EDNY 21CV00652
$190,000 Vitalone, Alfred vs City of New York, et al., 2015 SDNY SDNY 15CV08525
$75,000 Mcnair, Derrick J., et al. vs City of New York, et al., 2014 RCSC RCSC 100816/2014
$20,000 Bowers, Lever vs City of New York, et al., 2013 EDNY EDNY 13CV04790
View Details
$326,000 Kuyateh, Lasou vs City of New York, et al., 2021 EDNY EDNY 21CV00652
$190,000 Vitalone, Alfred vs City of New York, et al., 2015 SDNY SDNY 15CV08525
$75,000 Mcnair, Derrick J., et al. vs City of New York, et al., 2014 RCSC RCSC 100816/2014
$20,000 Bowers, Lever vs City of New York, et al., 2013 EDNY EDNY 13CV04790
View Details
Complaints
9
Complaints
27
Allegations
1
Substantiated
1
Substantiated (Charges)
2
Closed - Pending Litigation
2
Complainant Uncooperative
5
Exonerated
4
Unfounded
13
Unsubstantiated
Complaint #201900567,
January 2019
additional details
| Allegation: | Abuse of Authority: Search of Premises |
|---|---|
| CCRB Conclusion: | Closed - Pending Litigation |
| Allegation: | Abuse of Authority: Entry of Premises |
| CCRB Conclusion: | Closed - Pending Litigation |
Complaint #201802885,
December 2017
additional details
| Allegation: | Abuse of Authority: Stop |
|---|---|
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Gun Pointed |
| Complainant: | Black Male, 19 |
| CCRB Conclusion: | Exonerated |
Complaint #201609232,
November 2016
additional details
| Allegation: | Abuse of Authority: Premises entered and/or searched |
|---|---|
| CCRB Conclusion: | Exonerated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #201308743,
September 2013
additional details
| Allegation: | Force: Hit against inanimate object |
|---|---|
| Complainant: | Black Male, 18 |
| CCRB Conclusion: | Substantiated (Charges) |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 18 |
| CCRB Conclusion: | Exonerated |
| Allegation: | Discourtesy: Word |
| Complainant: | Black Male, 18 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Strip-searched |
| Complainant: | Black Male, 18 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | Black Male, 18 |
| CCRB Conclusion: | Unsubstantiated |
| NYPD Conclusion: | APU Not guilty |
| CCRB Recommended Penalty: | Forfeit vacation 10 days |
| APU Case Status: | Closed: Not guilty after trial, May 2015 |
Complaint #201302262,
March 2013
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | Male, 32 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #200903747,
March 2009
additional details
| Allegation: | Force: Physical force |
|---|---|
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Discourtesy: Word |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Vehicle search |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Property damaged |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Discourtesy: Action |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Frisk |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Abuse of Authority: Search (of person) |
| Complainant: | White Male, 20 |
| CCRB Conclusion: | Unsubstantiated |
Complaint #200704467,
March 2007
additional details
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
|---|---|
| CCRB Conclusion: | Complainant Uncooperative |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Complainant Uncooperative |
Complaint #200610984,
August 2006
additional details
| Allegation: | Discourtesy: Word |
|---|---|
| Complainant: | White Male, 67 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| Complainant: | White Male, 67 |
| CCRB Conclusion: | Unfounded |
| Allegation: | Abuse of Authority: Threat of arrest |
| Complainant: | White Male, 67 |
| CCRB Conclusion: | Exonerated |
Complaint #200605999,
May 2006
additional details
| Allegation: | Abuse of Authority: Threat of arrest |
|---|---|
| Complainant: | Black Male, 49 |
| CCRB Conclusion: | Unsubstantiated |
| Allegation: | Force: Physical force |
| Complainant: | Black Male, 49 |
| CCRB Conclusion: | Unfounded |
| Complaint #201900567, January 2019 | ||
|---|---|---|
| Allegation | CCRB Conclusion | |
| Abuse of Authority: Search of Premises | Closed - Pending Litigation | |
| Abuse of Authority: Entry of Premises | Closed - Pending Litigation | |
| additional details | ||
| Complaint #201802885, December 2017 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Stop | Black Male, 19 | Exonerated |
| Abuse of Authority: Vehicle search | Black Male, 19 | Unsubstantiated |
| Force: Gun Pointed | Black Male, 19 | Exonerated |
| additional details | ||
| Complaint #201609232, November 2016 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Premises entered and/or searched | Exonerated | |
| Force: Physical force | Black Male, 20 | Unsubstantiated |
| additional details | ||
| Complaint #201308743, September 2013 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Hit against inanimate object | Black Male, 18 | Substantiated (Charges) |
| Force: Physical force | Black Male, 18 | Exonerated |
| Discourtesy: Word | Black Male, 18 | Unsubstantiated |
| Abuse of Authority: Strip-searched | Black Male, 18 | Unsubstantiated |
| Abuse of Authority: Search (of person) | Black Male, 18 | Unsubstantiated |
| NYPD Conclusion: APU Not guilty | ||
| CCRB Recommended Penalty: Forfeit vacation 10 days | ||
| APU Case Status: Closed: Not guilty after trial, May 2015 | ||
| additional details | ||
| Complaint #201302262, March 2013 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | Male, 32 | Unsubstantiated |
| additional details | ||
| Complaint #200903747, March 2009 | ||
| Allegation | Complainant | CCRB Conclusion |
| Force: Physical force | White Male, 20 | Unsubstantiated |
| Discourtesy: Word | White Male, 20 | Unsubstantiated |
| Abuse of Authority: Vehicle search | White Male, 20 | Unsubstantiated |
| Abuse of Authority: Property damaged | White Male, 20 | Unsubstantiated |
| Discourtesy: Action | White Male, 20 | Unfounded |
| Abuse of Authority: Frisk | White Male, 20 | Unsubstantiated |
| Abuse of Authority: Search (of person) | White Male, 20 | Unsubstantiated |
| additional details | ||
| Complaint #200704467, March 2007 | ||
| Allegation | CCRB Conclusion | |
| Abuse of Authority: Threat of force (verbal or physical) | Complainant Uncooperative | |
| Force: Physical force | Complainant Uncooperative | |
| additional details | ||
| Complaint #200610984, August 2006 | ||
| Allegation | Complainant | CCRB Conclusion |
| Discourtesy: Word | White Male, 67 | Unfounded |
| Abuse of Authority: Threat of force (verbal or physical) | White Male, 67 | Unfounded |
| Abuse of Authority: Threat of arrest | White Male, 67 | Exonerated |
| additional details | ||
| Complaint #200605999, May 2006 | ||
| Allegation | Complainant | CCRB Conclusion |
| Abuse of Authority: Threat of arrest | Black Male, 49 | Unsubstantiated |
| Force: Physical force | Black Male, 49 | Unfounded |
| 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 Details:
- Not Guilty: Did wrongfully use force against a person know to the Department without police necessity
Penalty: Respondent found Not Guilty
Lawsuits
Named in 5 known lawsuits, $611,000 total settlements.Kuyateh, Lasou vs City of New York, et al.
Case # 21CV00652, U.S. District Court - Eastern District NY, February 10, 2021, ended April 1, 2022
$326,000 Settlement
Complaint
Description: On February 28, 2018, Defendant NYPD Officers Kyle Erickson and Elmer Pastran stopped Plaintiff’s vehicle while Plaintiff was driving in Richmond County, New York. The officers ordered Plaintiff and his passengers to exit the vehicle, then searched Plaintiff, his passengers, and the vehicle. The officers did not find any contraband in the vehicle. Defendant Erickson then allegedly planted a partially burning marijuana cigarette in Plaintiff’s vehicle. The officers then handcuffed and arrested Plaintiff. All charges against Plaintiff were ultimately dismissed and sealed by the DA. On October 3, 2018, while the above prosecution was still pending, defendant officers alleged that they observed Plaintiff hand a f...
Kuyateh, Lasou vs City of New York, et al.
Case # 152853/2019, Supreme Court - Richmond, April 20, 2020, ended March 11, 2022
Zero Disposition
Vitalone, Alfred vs City of New York, et al.
Case # 15CV08525, U.S. District Court - Southern District NY, November 2, 2015, ended December 14, 2018
$190,000 Settlement
Complaint, Amended Complaint
Description: Defendant Officers approached, accosted, assaulted, and falsely arrested Plaintiff. Plaintiff was given a DAT which was later dismissed and sealed.
Mcnair, Derrick J., et al. vs City of New York, et al.
Case # 100816/2014, Supreme Court - Richmond, May 20, 2014, ended October 14, 2015
$75,000 Settlement
Bowers, Lever vs City of New York, et al.
Case # 13CV04790, U.S. District Court - Eastern District NY, September 24, 2013, ended May 21, 2014
$20,000 Settlement
Complaint
Other Documents
NYPD Trial Decision 5/27/2015