Matthew J. Giannella

Matthew J. Giannella

Matthew J. Giannella
Badge #27163, White Male
Police Officer at 40th Precinct since May 2019
Service started January 2018, made $70,700 last year, Tax #965135

Substantiated Allegations:
Abuse of Authority: Stop (2)
Abuse of Authority: Threat of force (verbal or physical)

Discipline Cases:

Case: 2021-24356
Closed: 4/23/2024

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Lawsuit settlements:
$17,500   Velez, Moises vs City of New York, et al., 2019 BCSC BCSC 034882/2019E
View Details

Complaints

2 Complaints
9 Allegations
3 Substantiated
2 Substantiated (Formalized Training)
1 Substantiated (Command Discipline B)
1 Alleged Victim Unavailable
2 Exonerated
2 Unfounded
1 Unsubstantiated

Complaint #202305212, May 2023
Allegation: Force: Other
Complainant: Hispanic Male, 40-44
CCRB Conclusion: Alleged Victim Unavailable
additional details

Complaint #201910281, November 2019
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female
CCRB Conclusion: Substantiated (Command Discipline B)
Allegation: Force: Physical force
Complainant: Female
CCRB Conclusion: Exonerated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Exonerated
Allegation: Offensive Language: Gender
Complainant: Female
CCRB Conclusion: Unfounded
Allegation: Abuse of Authority: Stop
Complainant: Black Female, 15-17
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Stop
Complainant: Female
CCRB Conclusion: Substantiated (Formalized Training)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
Complainant: Female
CCRB Conclusion: Unsubstantiated
Allegation: Discourtesy: Word
Complainant: Female
CCRB Conclusion: Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Plea set aside, Without discipline, May 2024
Documents: Complaint Closing Report
additional details

Complaint #202305212, May 2023
Allegation Complainant CCRB Conclusion
Force: Other Hispanic Male, 40-44 Alleged Victim Unavailable
additional details
Complaint #201910281, November 2019
Allegation Complainant CCRB Conclusion
Abuse of Authority: Threat of force (verbal or physical) Female Substantiated (Command Discipline B)
Force: Physical force Female Exonerated
Discourtesy: Word Female Exonerated
Offensive Language: Gender Female Unfounded
Abuse of Authority: Stop Black Female, 15-17 Substantiated (Formalized Training)
Abuse of Authority: Stop Female Substantiated (Formalized Training)
Abuse of Authority: Threat of force (verbal or physical) Female Unsubstantiated
Discourtesy: Word Female Unfounded
NYPD Conclusion: APU Dismissed
APU Plea Penalty: Forfeit vacation 5 days
APU Case Status: Closed: Plea set aside, Without discipline, May 2024
Documents: Complaint Closing Report
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: 2021-24356
Closed: 4/23/2024
Case Details:
  1. Wrongful threat of force.
  2. Wrongfully stopped an individual known to the Department.
  3. Wrongfully stopped individuals.
Recommendation: Charges and Specifications


Lawsuits

Named in 3 known lawsuits, $17,500 total settlements.

Santiago, Josue vs City of New York, et al.
Case # 811879/2023E, Supreme Court - Bronx, August 4, 2023

Kulka, Renata vs City of New York, et al.
Case # 803175/2021E, Supreme Court - Bronx, March 23, 2021
Complaint
Description: On May 4, 2020, Plaintiff was in front of at the 40th Precinct, when Plaintiff was unlawfully arrested, battered and assaulted by PO Ernesto Hernandez and Matthew Gianella, which caused Plaintiff to sustain great bodily injury in and about his anatomy and be rendered sick, sore, lame and disabled.

Velez, Moises vs City of New York, et al.
Case # 034882/2019E, Supreme Court - Bronx, December 30, 2019, ended March 7, 2023
$17,500 Settlement

Other Documents