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INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST JOSEPH ANTHONY DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW §175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 10 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 22 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 22 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 22 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §' 105.05(1) – 7 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05(1) – 11 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 11 COUNTS S PANEL, 3RD TERM SEPTEMBER 27, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
MICHAEL PROVIDED
HERNANDEZ IDENTIFYING
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO JOSEPH ANTHONY’S
CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER FOX CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
MICHAEL
HERNANDEZ
WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE JOE WHEREIN JOHN DOE JOE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (917) 519-0872 TO JOSEPH ANTHONY’S CELL
PHONE
CONTAINING
ADDITIONAL
INFORMATION ABOUT A SUMMONS.
IDENTIFYING
3. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CRAIG MATTHEWS WHEREIN JOSEPH ANTHONY ASKED, AND CRAIG MATTHEWS AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CRAIG MATTHEWS WHEREIN JOSEPH ANTHONY PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT IABONI WHEREIN
ROBERT IABONI PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
ANTHONY
ROMANO
WHEREIN JOSEPH ANTHONY ASKED, AND ANTHONY ROMANO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION JOSEPH
WITH
ANTHONY
ANTHONY
PROVIDED
ROMANO
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
ANTHONY
ROMANO
WHEREIN JOSEPH ANTHONY REMINDED ANTHONY ROMANO TO INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. 5. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION ANTHONY
WITH
ROMANO
ANTHONY
CONFIRMED
ROMANO
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 12, 2010, A TEXT MESSAGE WAS SENT FROM RAYMOND SANCHEZ’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 12, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO CHRISTOPHER FOX’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JUNE 14, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN JOSEPH ANTHONY ASKED, AND CHRISTOPHER FOX AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 17, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN JOSEPH ANTHONY REMINDED CHRISTOPHER FOX TO INSTRUCT ANOTHER
OFFICER
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENT. 5. ON OR ABOUT JUNE 22, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER FOX CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 8, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH JOSEPH ANTHONY WHEREIN LUIS RODRIGUEZ PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MAY 8, 2010, JOSEPH ANTHONY ENGAGED IN A PHONE CONVERSATION WITH ANN MARIE WOOD WHEREIN
JOSEPH ANTHONY ASKED, AND ANN MARIE WOOD AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 8, 2010, JOSEPH ANTHONY ENGAGED IN A PHONE CONVERSATION WITH ANN MARIE WOOD WHEREIN JOSEPH ANTHONY PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT MAY 8, 2010, A TEXT MESSAGE WAS SENT FROM ANN MARIE WOOD’S PHONE TO JOSEPH ANTHONY’S PHONE WHEREIN ANN MARIE WOOD CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT MAY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TELEPHONE NUMBER (914) 882-9996 WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR
DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE
OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
CRIME,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
ADMINISTRATION IN THE SECOND DEGREE.
OF
GOVERNMENTAL
FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 26, 2010, A TEXT MESSAGE WAS SENT FROM MARCO VARELA’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 26, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO MICHAEL LIFRIERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS.
3. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL LIFRIERI WHEREIN JOSEPH ANTHONY ASKED, AND MICHAEL LIFRIERI AGREED, TO ARRANGE FOR ANOTHER POLICE OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL LIFRIERI WHEREIN MICHAEL LIFRIERI CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MARCO VARELA WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING.
SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING.
NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK CITY CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT HE DID NOT HAVE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, AND WITH INTENT TO DEFRAUD, DID KNOWINGLY REMOVE, MUTILATE, DESTROY, CONCEAL, MAKE FALSE ENTRY IN OR FALSELY ALTERED A RECORD OR OTHER WRITTEN INSTRUMENT FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE OR PUBLIC SERVANT, THAT BEING A NEW YORK
STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT AUGUST 24, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH TIMOTHY DALY WHEREIN JOSEPH ANTHONY ASKED, AND TIMOTHY DALY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT AUGUST 25, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER FOX’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE WHEREIN CHRISTOPHER FOX CONFIRMED THAT A SUMMONS WAS MARKED AND SENT TO THE BRONX PATROL BOROUGH OFFICES. 3. ON OR ABOUT AUGUST 25, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TIMOTHY DALY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT AUGUST 27, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TIMOTHY DALY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT SEPTEMBER 6, 2010, A TEXT MESSAGE WAS SENT FROM TIMOTHY DALY’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE WHEREIN TIMOTHY DALY CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
JOSEPH ANTHONY INDICTMENT CHARGES TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW §175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 10 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 22 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 22 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 22 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §' 105.05(1) – 7 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05(1) – 11 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 11 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST VIRGILIO BENCOSME DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 27 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 33 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 33 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 33 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 24 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 29 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 2 COUNTS S PANEL, 3RD TERM SEPTEMBER 30, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ANGEL RODRIGUEZ WHEREIN
VIRGILIO BENCOSME ASKED ANGEL RODRIGUEZ FOR ANOTHER OFFICER’S CONTACT INFORMATION. 2. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM ANGEL RODRIGUEZ’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE
WHEREIN
ANGEL
RODRIGUEZ
PROVIDED
SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JAMIE PAYAN’S CELL PHONE CONTAINING SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAMIE PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAMIE PAYAN AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 5. ON OR ABOUT JUNE 10, 2010, JAMIE PAYAN ENGAGED IN A PHONE CONVERSATION WITH LATORRA BLAIR WHEREIN JAMIE PAYAN ASKED, AND LATORRA BLAIR AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 12, 2010, ROBERT MCGEE LEFT A MESSAGE ON VIRGILIO BENCOSME’S VOICEMAIL WHEREIN ROBERT MCGEE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 2. ON OR ABOUT JANUARY 13, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO TELEPHONE NUMBER
(718)
664-8749
WHEREIN
VIRGILIO
BENCOSME
CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE CONTAINING SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE WHEREIN JOHN DOE
PROVIDED
IDENTIFYING
INFORMATION
ABOUT
A
SUMMONS. 2. ON OR ABOUT MAY 30, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (646) 775-8709 TO VIRGILIO BENCOSME’S CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN VIRGILIO BENCOSME ASKED, AND ANNE MARIE MORRISON
AGREED,
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON
WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MAY 31, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO
INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 15, 2010, JASON FERNANDEZ LEFT A MESSAGE ON VIRGILIO BENCOSME’S VOICEMAIL WHEREIN JASON FERNANDEZ PROVIDED IDENTIFYING INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
ASKED,
AND
MICHAEL
HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT MARCH 16, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON MICHAEL HERNANDEZ’S VOICEMAIL WHEREIN VIRGILIO BENCOSME PROVIDED ADDITIONAL IDENTIFYING INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MARCH 17, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS
OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 15, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON JUAN LUCIO’S VOICEMAIL WHEREIN VIRGILIO BENCOSME ASKED JUAN LUCIO TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON PROVIDED IDENTIFYING INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON PROVIDED ADDITIONAL IDENTIFICATION INFORMATION ABOUT THE OFFICER WHO ISSUED SAID INSTRUMENT. 3. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOSE GORDIAN WHEREIN
VIRGILIO BENCOSME ASKED JOSE GORDIAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR
INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN
UNAUTHORIZED
EXERCISE
OF
HIS
OFFICIAL
FUNCTIONS,
KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS
IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT
CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM LAURA LALLI’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO MICHAEL SULLIVAN’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED MICHAEL SULLIVAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO MICHAEL SULLIVAN’S
CELL
PHONE
CONTAINING
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JANUARY 28, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH LAURA LALLI
WHEREIN
LAURA
LALLI
PROVIDED
ADDITIONAL
IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. 5. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM
MICHAEL
SULLIVAN’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN MICHAEL SULLIVAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN
SUCH
CONDUCT,
IN
THAT
DEFENDANT
ASKED
ANOTHER
INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JOHN DOE MARK WHEREIN JOHN DOE MARK PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN
EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT APRIL 3, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 3. ON OR ABOUT APRIL 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT APRIL 9, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 1, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (646) 431-4600 TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE
CONVERSATION
WITH
JANE
DOE
CRYSTAL
WHEREIN JANE DOE CRYSTAL INFORMED VIRGILIO BENCOSME THAT SAID INSTRUMENT WAS ISSUED BY A METROPOLITAN TRANSIT AUTHORITY BRIDGES AND TUNNEL OFFICER. 3. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE WHEREIN VIRGILIO BENCOSME ASKED, AND JOHN DOE MIKE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE WHEREIN
VIRGILIO BENCOSME PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MAY 2, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE, WHEREIN JOHN DOE MIKE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OE ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 29, 2010, A TEXT MESSAGE WAS SENT FROM JAMES GIRONDA’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN VIRGILIO BENCOSME ASKED, AND LUIS RODRIGUEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION.
4. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN LUIS RODRIGUEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010
AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH DAVID LUGO WHEREIN VIRGILIO BENCOSME
INFORMED
DAVID
LUGO
TO
EXPECT
A
CONFIRMATION FROM EITHER HIMSELF OR BRIAN MCGUCKIN ONCE THE SUMMONS HAS BEEN INTERFERED WITH. 3. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
ROBERT MCGEE TOLD BRIAN MCGUCKIN THAT HE DID NOT YET
HAVE ADDITIONAL INFORMATION AS TO THE INTERFERENCE OF SAID SUMMONS. 4. ON OR ABOUT JULY 7, 2010, A TEXT MESSAGE WAS SENT FROM ROBERT MCGEE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE, WHEREIN ROBERT MCGEE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010, AND JANUARY 6, 2010 IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH FABIO CHECO WHEREIN FABIO
CHECO
GAVE
VIRGILIO
BENCOSME
SUMMONS
INFORMATION. 2. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM FABIO CHECO’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING SUMMONS INFORMATION. 3. ON OR ABOUT JANUARY 6, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JANUARY 6, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 5. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM
EUGENE
BENCOSME’S
O’REILLY’S
CELL
PHONE
CELL
PHONE
WHEREIN
TO
VIRGILIO
EUGENE
O’REILLY
CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM JOSE ROMERO’S CELL PHONE TO VIRGILIO BENCOSME’S
CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JANUARY 7, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH RICHARD SILVERMAN WHEREIN
VIRGILIO
BENCOSME
ASKED,
AND
RICHARD
SILVERMAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JANUARY 7, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO RICHARD SILVERMAN’S
CELL
PHONE
CONTAINING
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JANUARY 11, 2010, A TEXT MESSAGE WAS SENT FROM RICHARD SILVERMAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE WHEREIN RICHARD SILVERMAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT
DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO
HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 14, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES WHEELER
WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. 2. ON OR ABOUT JANUARY 14, 2010, VIRGILIO BENCOSME CALLED THE 40TH POLICE PRECINCT AND SPOKE TO JOHN DOE PETE WHEREIN VIRGILIO BENCOSME ASKED JOHN DOE PETE FOR A POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JANUARY 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH RONALD WILSON WHEREIN VIRGILIO BENCOSME ASKED, AND RONALD WILSON
AGREED,
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM
VIRGILIO
WILSON’S
BENCOSME’S
CELL
PHONE
CELL
PHONE
CONTAINING
TO
RONALD
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM
RONALD
BENCOSME’S
WILSON’S
CELL
PHONE
CELL
PHONE
WHEREIN
TO
RONALD
VIRGILIO WILSON
CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAIME PAYAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION.
3. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH RALPH GEORGE WHEREIN RALPH
GEORGE
PROVIDED
ADDITIONAL
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 1, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO LUIS MEJIA’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 26, 2010, A TEXT MESSAGE WAS SENT FROM LUIS MEJIA’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
WHEREIN
LUIS
MEJIA
CONFIRMED
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
3. ON OR ABOUT JUNE 26, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ADRIAN RAMOS WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 29,
2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN JOSE GORDIAN PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 30, 2010 A TEXT MESSAGE WAS SENT FROM JOSE GORDIAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING ADDITIONAL SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 30, 2010 VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAIME PAYAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 30, 2010 A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JAIME PAYAN’S CELL PHONE CONTAINING SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE
SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO
HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 15, 2010 A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010 CHRISTOPHER SCOTT ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH
ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT MARCH 17, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ROSSI MATA WHEREIN ROSSI MATA PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 17, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JASON FERNANDEZ WHEREIN VIRGILIO BENCOSME ASKED JASON FERNANDEZ FOR AN OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT MARCH 18, 2010 A TEXT MESSAGE WAS SENT FROM JAIME PAYAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT MARCH 18, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ROSSI MATA WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT
DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN JASON CENIZAL PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAYSON MILATZ WHEREIN JAYSON MILATZ INFORMED VIRGILIO BENCOSME THAT HE HAD HANDED A SUMMONS INTO THE 40TH PRECINCT. 3. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED JASON CENIZAL TO RESEND THE IDENTIFICATION INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL
FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
CONTAINING
ADDITIONAL
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JOSE RAMOS’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED FOR ADDITIONAL IDENTIFICATION INFORMATION OF A SUMMONS. 4. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
CONTAINING
ADDITIONAL
IDENTIFICATION
INFORMATION ABBOUT A SUMMONS. 5. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO PATRICK O’HARE’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED FOR ANOTHER OFFICER’S CONTACT INFORMATION. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH
A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE
NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
VIRGILIO BENCOSME INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 27 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 33 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 33 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 33 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 24 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 29 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 2 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST JENNARA COBB DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS DIVULGING AN EAVESDROPPING WARRANT, PENAL LAW § 250.20 OFFICIAL MISCONDUCT, PENAL LAW § 195.00(1) OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW § 195.05
S PANEL, 3RD TERM SEPTEMBER 20, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
COUNT ONE THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF DIVULGING AN EAVESDROPPING WARRANT, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, POSSESSING INFORMATION CONCERNING THE EXISTENCE OR CONTENT OF AN EAVESDROPPING WARRANT ISSUED PURSUANT TO ARTICLE SEVEN HUNDRED OF THE CRIMINAL PROCEDURE LAW, OR CONCERNING A CIRCUMSTANCE ATTENDING AN APPLICATION FOR SUCH A WARRANT, DID DISCLOSE SUCH INFORMATION TO A PERSON NOT SPECIFICALLY AUTHORIZED BY LAW TO RECEIVE SUCH INFORMATION. COUNT TWO THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, BEING A PUBLIC SERVANT, TO WIT: A NEW YORK CITY POLICE OFFICER, WITH INTENT TO OBTAIN A BENEFIT OR TO INJURE OR DEPRIVE ANOTHER PERSON OF A BENEFIT, DID COMMIT AN ACT RELATING TO HER OFFICE BUT CONSITUTING AN UNAUTHORIZED EXERCISE OF HER OFFICIAL FUNCTION, KNOWING THAT SUCH ACT WAS UNAUTHORIZED.
COUNT THREE THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, DID INTENTIONALLY OBSTRUCT, IMPAIR, OR PERVERT THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY DIVULGING THE EXISTENCE OF OR CONTENT OF A DULY AUTHORIZED EAVESDROPPING WARRANT TO A PERSON OR PERSONS NOT SPECIFICALLY AUTHORIZED BY LAW TO RECEIVE SUCH INFORMATION.
ROBERT T. JOHNSON DISTRICT ATTORNEY BRONX COUNTY
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #:46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
JENNARA COBB
IBNA
INDICTMENT CHARGES DIVULGING AN EAVESDROPPING WARRANT, PENAL LAW § 250.20 OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 20, 2011 A.D.A. JONATHAN B. ORTIZ RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST MICHAEL HERNANDEZ DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW § 175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 24 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 24 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 24 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 16 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW § 100.00 – 2 COUNTS S PANEL, 3RD TERM SEPTEMBER 29, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI
WHEREIN MICHAEL HERNANDEZ PROVIDED ANNETTE GASPERI SUMMONS INFORMATION. 3. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A PHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN MICHAEL HERNANDEZ ASKED, AND ANNETTE GASPERI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, ANNETTE GASPERI SENT A TEXT MESSAGE
TO
CONTAINING
MICHAEL IDENTIFYING
HERNANDEZ’S INFORMATION
CELL ABOUT
PHONE SAID
INSTRUMENT. 2. ON OR ABOUT JUNE 2, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN D’ADAMO WHEREIN
JOHN D’ADAMO GAVE MICHAEL HERNANDEZ THE NAME OF THE MOTORIST WHO RECEIVED SAID INSTRUMENT. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WHEREIN
MICHAEL
ANTHONY
AGREED,
WITH
MICHAEL
HERNANDEZ TO
ASKED,
INTERFERE
WITH
HERNANDEZ AND
THE
JOSEPH LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
MICHAEL PROVIDED
HERNANDEZ IDENTIFYING
INFORMATION ABOUT SAID SUMMONS. 5. ON OR ABOUT JUNE 2, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO JOSEPH ANTHONY’S CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT SAID SUMMONS. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MARCH 16, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON MICHAEL HERNANDEZ’S VOICEMAIL WHEREIN VIRGILIO BENCOSME PROVIDED ADDITIONAL IDENTIFYING INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MARCH 16, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN
MICHAEL
HERNANDEZ
CONFIRMED
SOME
IDENTIFYING INFORMATION ABOUT SAID INSTRUMENT. 4. ON OR ABOUT MARCH 17, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE
FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KEVIN CARNEY WHEREIN KEVIN CARNEY PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM KEVIN CARNEY’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KEVIN CARNEY WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM JEFFREY
CABANILLAS’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
MICHAEL
BYNUM
WHEREIN MICHAEL HERNANDEZ ASKED, AND MICHAEL BYNUM AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
MICHAEL
BYNUM
WHEREIN MICHAEL HERNANDEZ ASKED MICHAEL BYNUM FOR ANOTHER OFFICER’S CONTACT INFORMATION. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
BARRY
BRADLEY
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JUNE 8, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
BARRY
BRADLEY
WITH
BARRY
CONFIRMED
BRADLEY
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 3. ON OR ABOUT JUNE 8, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH DANIEL GROTH WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENTS WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE
BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE
OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 5, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN MICHAEL HERNANDEZ ASKED ROBERT LEONE TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN MICHAEL
HERNANDEZ
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN ROBERT LEONE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN VICTOR HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS.
2. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH HELEN RIVERA WHEREIN MICHAEL HERNANDEZ ASKED, AND HELEN RIVERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH HELEN RIVERA WHEREIN HELEN RIVERA CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 13, 2010, MICHAEL HERNANDEZ ENGAGED IN
A
TELEPHONE
CONVERSATION
WITH
HELEN
RIVERA
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 13, 2010, HELEN RIVERA CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
THE
AND/OR LAWFUL
DISPOSITION OF SAID INSTRUMENT. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 16, 2010, MICHAEL HERNANDEZ ENGAGED IN A CONVERSATION WITH DONALD PIRONE WHEREIN DONALD PIRONE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN
A
TELEPHONE
CONVERSATION
WITH
HELEN
RIVERA
WHEREIN MICHAEL HERNANDEZ ASKED, AND HELEN RIVERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN
MICHAEL
HERNANDEZ
ASKED,
AND
WILLIAM
RODRIGUEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH DONALD PIRONE WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH
THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH BERNALDINO PADILLA
WHEREIN BERNALDINO PADILLA PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH BERNALDINO PADILLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF,
THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KENNY STELLA WHEREIN KENNY STELLA PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KENNY STELLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE
FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN
JAMES
SHEEHAN
CONFIRMED
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH WILLIAM MCALOON WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT
AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 15, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH SERGIO COPPOLA WHEREIN
SERGIO
COPPOLA
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 15, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH SERGIO COPPOLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND
LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 28, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL DONATO WHEREIN
MICHAEL
DONATO
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 29, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL DONATO WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING
VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANGELO MACHICOTE WHEREIN ANGELO MACHICOTE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 6, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 6, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON ANGELO MACHICOTE’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE
DEPARTMENT
INFORMATIONS
TO
OF BE
MOTOR
INTERCEPTED,
VEHICLES
SIMPLIFIED
DESTROYED
AND/OR
OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH
DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 26, 2010, A TEXT MESSAGE WAS SENT FROM VITTORIO
GIANGREGORIO’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN
MICHAEL
HERNANDEZ
ASKED,
AND
PATRICK
MCGOVERN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 3. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 4. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN
PATRICK
MCGOVERN
CONFIRMED
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE
DEPARTMENT
INFORMATIONS
IN
A
OF
MOTOR
MANNER
VEHICLES
PREVENTING
SIMPLIFIED
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT HE DID NOT HAVE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, AND WITH INTENT TO DEFRAUD, DID KNOWINGLY REMOVE, MUTILATE, DESTROY, CONCEAL, MAKE FALSE ENTRY IN OR FALSELY ALTERED RECORDS OR OTHER WRITTEN INSTRUMENTS FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE OR PUBLIC SERVANT, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS.
ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JULY 4, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
CHRISTOPHER
FOX
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
CHRISTOPHER
FOX
WHEREIN CHRISTOPHER FOX INFORMED MICHAEL HERNANDEZ THAT HE WAS UNABLE TO INTERCEPT SAID INSTRUMENTS BECAUSE THEY WERE ALREADY SENT TO THE BRONX PATROL BOROUGH OFFICE. 3. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
KEVIN
ASKED,
MCCARTHY AND
KEVIN
MCCARTHY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT JULY 6, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO KEVIN MCCARTHY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 5. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
KEVIN
MCCARTHY
WITH
KEVIN
CONFIRMED
MCCARTHY THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS.
ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 22, 2010, A TEXT MESSAGE WAS SENT FROM WILLIAM
MCDONALD’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JULY 22, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN GASPERI
MICHAEL AGREED,
HERNANDEZ TO
ASKED,
INTERFERE
AND
WITH
THE
ANNETTE LAWFUL
DISPOSITION OF SUMMONSES. 3. ON OR ABOUT JULY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN
ANNETTE
GASPERI
CONFIRMED
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 4. ON OR ABOUT JULY 26, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON WILLIAM MCDONALD’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENTS WERE
INTERFERED
DISPOSITION.
WITH
TO
PREVENT
THEIR
LAWFUL
ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 17, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JULY 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 2, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN JAMES SHEEHAN AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JULY 6, 2010, A TEXT MESSAGE WAS SENT FROM JAMES SHEEHAN’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE WHEREIN JAMES SHEEHAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON MICHAEL MCCORMICK’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH
CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
MICHAEL HERNANDEZ INDICTMENT CHARGES TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW § 175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 24 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 24 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 24 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 16 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW § 100.00 – 2 COUNTS SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST CHRISTOPHER MANZI DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 29 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 29 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 29 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 22 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 7 COUNTS
S PANEL, 3RD TERM SEPTEMBER 27, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH CORNELIUS CREMIN
WHEREIN CORNELIUS CREMIN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN CHRISTOPHER MANZI ASKED, AND JASON CENIZAL AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN CHRISTOPHER
MANZI
GAVE
JASON
CENIZAL
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 23, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JASON CENIZAL CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE
CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 17, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CORNELIUS CREMIN WHEREIN CORNELIUS CREMIN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CORNELIUS CREMIN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING
VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN LUIS RODRIGUEZ ASKED, AND CHRISTOPHER MANZI AGREED, TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SUMMONSES. 2. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN LUIS
RODRIGUEZ
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 3. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITIONS. 4. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH JONAULD GUEST WHEREIN LUIS RODRIGUEZ
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION.
SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 24, 2010, A TEXT MESSAGE WAS SENT FROM JOHN GIESEN’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM JOHN GIESEN’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI LEFT A MESSAGE
ON
JOHN
GIESEN’S
VOICEMAIL,
WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RICH HAPPEL WHEREIN CHRISTOPHER MANZI ASKED, AND RICH HAPPEL AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 7. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RICH HAPPEL WHEREIN RICH HAPPEL
ASKED
CHRISTOPHER
MANZI
FOR
SUMMONS
INFORMATION. 8. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO RICH HAPPEL’S CELL PHONE WHEREIN CHRISTOPHER MANZI GAVE RICH HAPPEL SUMMONS INFORMATION. 9. ON OR ABOUT JUNE 28, 2010, A TEXT MESSAGE WAS SENT FROM RICH HAPPEL’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE
WHEREIN
RICH
HAPPEL
CONFIRMED
THAT
SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 10. ON OR ABOUT JUNE 28, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM
JOSELYN
JIMENEZ’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN JOSELYN JIMENEZ GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JOSELYN JIMENEZ’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED JOSELYN JIMENEZ FOR SUMMONS INFORMATION. 3. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM
JOSELYN
JIMENEZ’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN JOSELYN JIMENEZ GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 4. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN VIRGILIO
BENCOSME
ASKED,
AND
CHRISTOPHER
MANZI
AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN
CHRISTOPHER MANZI ASKED FOR, AND VIRGILIO BENCOSME GAVE, SUMMONS INFORMATION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITIONS OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BOBBY MCGEE WHEREIN CHRISTOPHER
MANZI
GAVE
BOBBY
MCGEE
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BOBBY MCGEE WHEREIN BOBBY MCGEE GAVE CHRISTOPHER MANZI AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER MANZI GAVE PATRICK O’HARE AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER MANZI ASKED, AND PATRICK O’HARE AGREED, TO
INTERFERE
SUMMONSES.
WITH
THE
LAWFUL
DISPOSITION
OF
5. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER
MANZI
GAVE
PATRICK
O’HARE
SUMMONS
INFORMATION. 6. ON OR ABOUT JUNE 27, 2010, A TEXT MESSAGE WAS SENT FROM PATRICK O’HARE’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN PATRICK O’HARE CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE
CONVERSATION
CHRISTOPHER
MANZI
WITH GAVE
DIANE DIANE
ROHMAN ROHMAN
WHEREIN SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 3, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE
ROHMAN ASKED FOR, AND CHRISTOPHER MANZI GAVE, SUMMONS INFORMATION. 3. ON OR ABOUT APRIL 4, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE CEPEDA WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHEN ZUPIC WHEREIN STEPHEN
ZUPIC
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN CHRISTOPHER MANZI ASKED, AND BILL MCDONALD AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN CHRISTOPHER
MANZI
GAVE
BILL
MCDONALD
SUMMONS
INFORMATION. 4. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN
BILL MCDONALD CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH GEORGE COSTOSO WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHEN ZUPIC WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN LUIS RODRIGUEZ ASKED, AND CHRISTOPHER MANZI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, LUIS RODRIGUEZ LEFT A MESSAGE ON
CHRISTOPHER
MANZI’S
VOICEMAIL
WHEREIN
LUIS
RODRIGUEZ
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 3. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI LEFT A MESSAGE
ON
LUIS
RODRIGUEZ’S
VOICEMAIL
WHEREIN
CHRISTOPHER MANZI CONFIRMED RECEIPT OF THE SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN RONALD
WILSON
INFORMATION.
GAVE
CHRISTOPHER
MANZI
SUMMONS
2. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN CHRISTOPHER MANZI ASKED RONALD WILSON FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM RONALD WILSON’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN RONALD WILSON GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
GIESEN
WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO JOHN GIESEN’S CELL PHONE WHEREIN CHRISTOPHER MANZI GAVE JOHN GIESEN SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
GIESEN
WHEREIN
CHIRSTOPHER MANZI ASKED, AND JOHN GIESEN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 7. ON OR ABOUT JUNE 8, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN RONALD
WILSON
GAVE
CHRISTOHPER
MANZI
SUMMONS
INFORMATION. 8. ON OR ABOUT JUNE 8, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN
CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 9, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH VINCENT COMMISSO WHEREIN VINCENT COMMISSO GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN ADAM FRIDSON CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH VINCENT COMMISSO WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 26, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 26, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH DIANNA LOPEZ WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 27, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN, WHEREIN CHRISTOHPER MANZI CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 31, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE JACKSON WHEREIN CHRISTOPHER MANZI GAVE EUGENE JACKSON SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 31, 2010, EUGENE JACKSON CAUSED SAID INSTRUMENT TO BE DESTROYED, PREVENTING ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MARCH 31, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE JACKSON WHEREIN EUGENE JACKSON CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT
ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY ROMERO WHEREIN ANTHONY
ROMERO
GAVE
JAIME
PAYAN
SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN JAIME PAYAN ASKED, AND CHRISTOPHER MANZI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN JAIME
PAYAN
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI ASKED JAIME PAYAN FOR SUMMONS INFORMATION. 5. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER MANZI ASKED, AND JOSEPH GELARDI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 6. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER
MANZI
GAVE
JOSEPH
GELARDI
SUMMONS
INFORMATION. 7. ON OR ABOUT APRIL 22, 2010, JOSEPH GELARDI CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED,
PREVENTING
ITS
LAWFUL
DISPOSITION. 8. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN JOSEPH GELARDI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 9. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 10. ON OR ABOUT APRIL 22, 2010, A TEXT MESSAGE WAS SENT FROM JAIME PAYAN’S CELL PHONE TO ANTHONY ROMERO’S CELL PHONE WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED THE CITY OF
NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW
YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DAVID KAERON WHEREIN CHRISTOPHER MANZI ASKED, AND DAVID KAERON AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
2. ON OR ABOUT APRIL 23, 2010, DAVID KAERON CAUSED SAID INSTRUMENT TO BE DESTROYED PREVENTING ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 23, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE CONVERSATION WITH GINO MENCARONI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI GAVE EUGENE O’REILLY SUMMONS INFORMATION.
2. ON OR ABOUT JUNE 2, 2010, EUGENE O’REILLY ENGAGED IN A PHONE
CONVERSATION
WITH
ALEXIS
PENATE
WHEREIN
EUGENE O’REILLY ASKED ALEXIS PENATE FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 3, 2010 A TEXT MESSAGE WAS SENT FROM ADAM FRIDSON’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN ADAM FRIDSON ASKED CHRISTOPHER MANZI TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO ADAM FRIDSON’S CELL PHONE WHEREIN CHRISTOPHER MANZI AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO CHRISTOPHER MANZI’S CELL
PHONE
WHEREIN
EUGENE
O’REILLY
AGREED
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 6. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS
OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN
STEPHANIE FIDANZA GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 22, 2010, A TEXT MESSAGE WAS SENT FROM STEPHANIE FIDANZA’S CELL PHONE TO CHRISTOPHER MANZI’S CELL
PHONE
WHEREIN
STEPHANIE
FIDANZA
GAVE
CHRISTOPHER MANZI SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EDWARD SMYTH WHEREIN CHRISTOPHER MANZI ASKED, AND EDWARD SMYTH AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN CHRISTOPHER
MANZI
ASKED
STEPHANIE
FIDANZA
FOR
SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EDWARD SMYTH WHEREIN EDWARD
SMYTH
GAVE
CHRISTOPHER
MANZI
ANOTHER
OFFICER’S INFORMATION. 6. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN CHRISTOPHER MANZI ASKED, AND ADAM FRIDSON AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 7. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN CHRISTOPHER INFORMATION.
MANZI
GAVE
ADAM
FRIDSON
SUMMONS
8. ON OR ABOUT JUNE 23, 2010, ADAM FRIDSON CAUSED SAID INSTRUMENTS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED,
PREVENTING
THEIR
LAWFUL
DISPOSITION. 9. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 21, 2010, EUGENE O’REILLY ENGAGED IN A PHONE CONVERSATION WITH FRANK DIAZ WHEREIN FRANK DIAZ
ASKED,
AND
CHRISTOPHER
MANZI
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH FRANK DIAZ WHEREIN FRANK
DIAZ
ASKED,
AND
CHRISTOPHER
MANZI
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI GAVE EUGENE O’REILLY SUMMONS INFORMATION. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BRIAN BLAZER WHEREIN BRIAN BLAZER GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BRIAN BLAZER WHEREIN
CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS
OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONESS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PAUL SULZBACH WHEREIN PAUL
SULZBACH
INFORMATION.
GAVE
CHRISTOPHER
MANZI
SUMMONS
2. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER MANZI ASKED, AND JOSEPH GELARDI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CRAIG PEREIRA WHEREIN CHRISTOPHER MANZI ASKED, AND CRAIG PEREIRA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT APRIL 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PAUL SULZBACH WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONESS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE
BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING
THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF
THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DANIEL MALONE WHEREIN CHRISTOPHER
MANZI
GAVE
DANIEL
MALONE
SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DANIEL MALONE WHEREIN DANIEL MALONE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LISSETTE SANCHEZ WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
CHRISTOPHER MANZI
IBNA
INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 29 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 29 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 29 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 22 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 7 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST BRIAN MCGUCKIN DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS FORGERY IN THE SECOND DEGREE, PENAL LAW §170.10(3) – 2 COUNTS CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, PENAL LAW §170.25 – 2 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 25 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 31 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 31 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 31 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 3 COUNTS
S PANEL, 3RD TERM SEPTEMBER 28, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FELICIANO ORTIZ WHEREIN FELICIANO
ORTIZ
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 17, 2010, A TEXT MESSAGE WAS SENT FROM FELICIANO ORTIZ’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN FELICIANO ORTIZ GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN BRIAN MCGUCKIN ASKED, AND CHRISTOPHER SCOTT AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT, WHEREIN BRIAN MCGUCKIN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN KEVIN
MENDEZ
CAUSED
SAID
INSTRUMENT
TO
BE
INTERCEPTED, PREVENTING ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FELICIANO ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO LINDA MOORER’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED LINDA MOORER FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM LINDA MOORER’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN LINDA MOORER GAVE BRIAN MCGUCKIN AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN ASKED, AND MICHAEL HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN GAVE MICHAEL HERNANDEZ SUMMONS INFORMATION. 5. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S
CELL PHONE WHEREIN MICHAEL HERNANDEZ GAVE ANNETTE GASPERI SUMMONS INFORMATION. 6. ON OR ABOUT MAY 19, 2010, ANNETTE GASPERI CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 7. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 4, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH RANDY CHANCEY WHEREIN RANDY
CHANCEY
INFORMATION.
GAVE
BRIAN
MCGUCKIN
SUMMONS
2. ON OR ABOUT JUNE 4, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON
WILLIE
QUINONES’S
VOICEMAIL
WHEREIN
BRIAN
MCGUCKIN GAVE WILLIE QUINONES SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 7, 2010, WILLIE QUINONES CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH WILLIE QUINONES WHEREIN WILLIE QUINONES CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO RANDY CHANCEY’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED
ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF
INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM JANETTE COLON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN JANETTE COLON ASKED BRIAN MCGUCKIN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JANETTE COLON’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED JANETTE COLON FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM JANETTE COLON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN JANETTE COLON GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN BRIAN MCGUCKIN ASKED, AND JAMES LISA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JUNE 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN BRIAN MCGUCKIN GAVE JAMES LISA SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN JAMES LISA CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE JUAN WHEREIN JON DOE JUAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN
MCGUCKIN
ASKED,
AND
DIANE
ROHMAN
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN
GAVE
BRIAN
MCGUCKIN
ANOTHER
OFFICER’S
CONTACT INFORMATION. 4. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN BRIAN MCGUCKIN ASKED, AND VICTOR HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN BRIAN MCGUCKIN GAVE VICTOR HERNANDEZ SUMMONS INFORMATION. 6. ON OR ABOUT JULY 7, 2010, VICTOR HERNANDEZ LEFT A MESSAGE ON BRIAN MCGUCKIN’S VOICEMAIL WHEREIN VICTOR HERNANDEZ
CONFIRMED
THAT
SAID
SUMMONS
WAS
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT JULY 9, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON JON DOE JUAN’S VOICEMAIL WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT
STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL GMELCH WHEREIN MICHAEL
GMELCH
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON DIANE ROHMAN’S VOICEMAIL WHEREIN BRIAN MCGUCKIN ASKED DIANE ROHMAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN
AGREED
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 31, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN ASKED FOR, AND BRIAN MCGUCKIN GAVE, SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM DIANE ROHMAN’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN DIANE ROHMAN CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO MICHAEL GMELCH’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN BRIAN
MCGUCKIN
GAVE
EUGENE
O’REILLY
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, EUGENE O’REILLY ENGAGED IN A PHONE
CONVERSATION
WHEREIN DANIELLO
EUGENE AGREED,
WITH
O’REILLY TO
CHRISTOPHER
ASKED,
INTERFERE
AND WITH
DANIELLO
CHRISTOPHER THE
LAWFUL
DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED
ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DENNIS AZAMBUJA WHEREIN DENNIS
AZAMBUJA
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN BRIAN MCGUCKIN
ASKED,
AND
JASON
CENIZAL
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN BRIAN MCGUCKIN GAVE JASON CENIZAL SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN JASON CENIZAL CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO DENNIS AZAMBUJA’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN BRIAN MCGUCKIN GAVE HAROLD THOMPSON SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 14, 2010, A TEXT MESSAGE WAS SENT FROM HAROLD THOMPSON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN HAROLD THOMPSON CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS
UNAUTHORIZED,
BY
CAUSING
A
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PAT RYAN WHEREIN PAT RYAN ASKED, AND BRIAN MCGUCKIN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PAT RYAN WHEREIN PAT RYAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN
ASKED,
AND
KEITH
ORVIETO
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN GAVE KEITH ORVIETO SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 3, 2010, KEITH ORVIETO CAUSED SAID INSTRUMENT
TO
OTHERWISE
CONCEALED,
DISPOSITION.
BE
INTERCEPTED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK TORRELLAS WHEREIN FRANK
TORRELLAS
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM FRANK TORRELLAS’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN FRANK TORRELLAS GAVE BRIAN MCGUCKIN AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK TORRELLAS WHEREIN BRIAN MCGUCKIN CONFIRMED HIS AGREEMENT WITH FRANK TORRELLAS TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 10, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FRANK TORRELLAS’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK
STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 16, 2010, A TEXT MESSAGE WAS SENT FROM BRETT ORTIZ’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN BRETT ORTIZ GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 16, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO BRETT ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED BRETT ORTIZ FOR ADDITIONAL SUMMONS INFORMATION. 3. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN ASKED, AND CHRIS TENORE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE SUMMONS INFORMATION.
5. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 6. ON OR ABOUT MAY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN CHRIS TENORE
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE JACK WHEREIN JON DOE JACK GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH POLICE OFFICER LAZIK WHEREIN BRIAN
MCGUCKIN
ASKED
IDENTIFICATION INFORMATION.
FOR
ANOTHER
OFFICER’S
3. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN MCGUCKIN
ASKED,
AND
DIANE
ROHMAN
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN MCGUCKIN GAVE DIANE ROHMAN SUMMONS INFORMATION. 5. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN, WHEREIN DIANE ROHMAN
ASKED
FOR,
AND
BRIAN
MCGUCKIN
GAVE,
ADDITIONAL SUMMONS INFORMATION. 6. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT MAY 28, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JON DOE JACK’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER
PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING
OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CLAUDIA MERA WHEREIN BRIAN MCGUCKIN ASKED CLAUDIA MERA FOR AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 2. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN ASKED, AND CHRIS TENORE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 3. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 10, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN CHRIS TENORE
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 10, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JON DOE MACE’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND
JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION . EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 14, 2010, A TEXT MESSAGE WAS SENT FROM RAFAEL URENA’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN RAFAEL URENA GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 15, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN ASKED, AND VIRGILIO BENCOSME AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 15, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON JUAN LUCIO’S VOICE MAIL WHEREIN VIRGILIO BENCOSME ASKED JUAN LUCIO TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 15, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH LINDA MOORER WHEREIN BRIAN MCGUCKIN
GAVE
LINDA
MOORER
AN
ISSUING
POLICE
OFFICER’S IDENTIFICATION INFORMATION. 5. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO RAFAEL URENA’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED
AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, EUGENE O’REILLY ENGAGED IN A PHONE CONVERSATION WITH BRIAN MCGUCKIN WHEREIN EUGENE
O’REILLY
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ELIZABETH ALMONTE WHEREIN
BRIAN MCGUCKIN ASKED, AND ELIZABETH ALMONTE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN ASKED, AND JOSE GORDIAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 8, 2010 A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO EUGENE O’REILLY’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE
BRONX,
DID
STEAL
PUBLIC
RECORDS,
WRITINGS
OR
INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER
TO
INSTRUMENTS.
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE
DEPARTMENT
INFORMATIONS
TO
OF BE
MOTOR
INTERCEPTED,
VEHICLES
SIMPLIFIED
DESTROYED
AND/OR
OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH WILLIAMS ROSARIO WHEREIN WILLIAMS
ROSARIO
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DONALD PIRONE WHEREIN
DONALD PIRONE CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 3. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO WILLIAMS ROSARIO’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE
DEPARTMENT
INFORMATIONS
IN
A
OF
MOTOR
MANNER
VEHICLES
PREVENTING
SIMPLIFIED
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 18, 2010, JON DOE EDDIE LEFT A MESSAGE ON BRIAN MCGUCKIN’S VOICE MAIL WHEREIN JON DOE EDDIE ASKED BRIAN MCGUCKIN TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 2. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE EDDIE WHEREIN JON DOE EDDIE GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JULY 18, 2010 BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN BRIAN MCGUCKIN ASKED, AND PATRICK MCGOVERN AGREED, TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SUMMONSES, AND WHEREIN BRIAN MCGUCKIN GAVE PATRICK MCGOVERN SUMMONS INFORMATION.
4. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN PATRICK MCGOVERN CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. 5. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE EDDIE WHEREIN BRIAN MCGUCKIN
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 23, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES WHEELER WHEREIN JAMES WHEELER GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 24, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JUAN LUCIO WHEREIN BRIAN
MCGUCKIN ASKED, AND JUAN LUCIO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 24, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JUAN LUCIO WHEREIN BRIAN MCGUCKIN GAVE JUAN LUCIO SUMMONS INFORMATION. 4. ON OR ABOUT MAY 24, 2010, JUAN LUCIO CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 5. ON OR ABOUT MAY 24, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JAMES WHEELER’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A
MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS
OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 4, 2010, A TEXT MESSAGE WAS SENT FROM DAVID LUGO’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE WHEREIN DAVID LUGO GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 2. ON OR ABOUT JULY 4, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DAVID LUGO WHEREIN BRIAN MCGUCKIN ASKED DAVID LUGO FOR SUMMONS INFORMATION. 3. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
VIRGILIO BENCOSME ASKED, AND ROBERT MCGEE AGREED, INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
VIRGILIO
BENCOSME
WITH GAVE
ROBERT ROBERT
MCGEE MCGEE
WHEREIN SUMMONS
INFORMATION. 5. ON OR ABOUT JULY 5, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO FELIPE ORTIZ’S CELL PHONE WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JULY 7, 2010, A TEXT MESSAGE WAS SENT FROM ROBERT MCGEE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN ROBERT MCGEE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF FORGERY IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING TO DEFRAUD, DECEIVE, OR INJURE, FALSELY MADE, COMPLETED OR ALTERED A WRITTEN INSTRUMENT WHICH PURPORTED TO BE, OR WAS CALCULATED TO BECOME OR TO REPRESENT IF COMPLETED, A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC
OFFICE,
PUBLIC
SERVANT
OR
GOVERNMENTAL
INSTRUMENTALITY, SAID WRITTEN INSTRUMENT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT IT WAS FORGED AND INTENDING TO DEFRAUD, DECEIVE, OR INJURE ANOTHER, UTTERED OR POSSESSED A FORGED INSTRUMENT OF THE KIND SPECIFIED IN SECTION 170.10, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION, WHICH IS A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF
INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE ALTERED IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO ALTER SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY WYATT WHEREIN
ANTHONY WYATT ASKED, AND BRIAN MCGUCKIN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS, AND WHEREIN ANTHONY WYATT GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANKIE ORTIZ WHEREIN BRIAN MCGUCKIN
ASKED,
AND
FRANKIE
ORTIZ
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 17, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO ANTHONY WYATT’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ALTER A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING
THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY
DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY FARINO WHEREIN ANTHONY
FARINO
INFORMATION.
GAVE
BRIAN
MCGUCKIN
SUMMONS
2. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH SEAN GEZURIAN WHEREIN BRIAN MCGUCKIN
ASKED,
AND
SEAN
GEZURIAN
AGREED,
TO
INTERFERE WITH THE DISPOSITION OF A LAWFUL SUMMONS, AND WHEREIN BRIAN MCGUCKIN GAVE SEAN GEZURIAN SUMMONS INFORMATION. 3. ON JULY 15, 2010, A TEXT MESSAGE WAS SENT FROM SEAN GEZURIAN’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE CONFIRMING THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL DONATO WHEREIN BRIAN
MCGUCKIN
INFORMATION.
GAVE
MICHAEL
DONATO
SUMMONS
2. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN ASKED JOSE GORDIAN FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN AGAIN ASKED JOSE GORDIAN FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 4. ON OR ABOUT JULY 12, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO MICHAEL DONATO’S CELL PHONE WHEREIN BRIAN MCGUCKIN GAVE MICHAEL DONATO SUMMONS INFORMATION. 5. ON OR ABOUT JULY 13, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL DONATO’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN MICHAEL DONATO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MARK CALANDRA WHEREIN MARK
CALANDRA
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH GREG MANNING WHEREIN BRIAN MCGUCKIN ASKED GREG MANNING FOR ANOTHER OFFICER’S CONTACT INFORMATION. 3. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK BELLOTTI WHEREIN BRIAN
MCGUCKIN
GAVE
FRANK
BELLOTTI
SUMMONS
INFORMATION. 4. ON OR ABOUT JUNE 22, 2010, A TEXT MESSAGE WAS SENT FROM GREG MANNING’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN ANOTHER OFFICER’S CONTACT INFORMATION WAS CONVEYED. 5. ON OR ABOUT JUNE 24, 2010, A TEXT MESSAGE WAS SENT FROM FRANK BELLOTTI’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN FRANK BELLOTTI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK BELLOTTI WHEREIN FRANK BELLOTTI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF FORGERY IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING TO DEFRAUD, DECEIVE, OR INJURE, FALSELY MADE, COMPLETED OR ALTERED A WRITTEN INSTRUMENT WHICH PURPORTED TO BE, OR WAS CALCULATED TO BECOME OR TO REPRESENT IF COMPLETED, A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY, SAID WRITTEN INSTRUMENT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT IT WAS FORGED AND INTENDING TO DEFRAUD, DECEIVE, OR INJURE ANOTHER, UTTERED OR POSSESSED A FORGED INSTRUMENT OF THE KIND SPECIFIED IN SECTION 170.10, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION, WHICH IS A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY.
ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO
BE
ALTERED
IN
A
MANNER
PREVENTING
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE TO BE ALTERED IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO ALTER SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY, AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON ALLISON WHEREIN JASON ALLISON GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN
ASKED,
AND
KEITH
ORVIETO
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON ALLISON WHEREIN BRIAN MCGUCKIN
ASKED,
AND
JASON
ALLISON
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ALTER A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 3. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JAIME PAYAN’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT
SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN BRIAN MCGUCKIN GAVE PATRICK O’HARE SUMMONS INFORMATION. 2. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM PATRICK O’HARE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN PATRICK O’HARE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JULY 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DETECTIVE MINA WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRISTOPHER TENORE SUMMONS INFORMATION. 2. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER TENORE WHEREIN CHRISTOPHER TENORE CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
BRIAN MCGUCKIN
IBNA
INDICTMENT CHARGES FORGERY IN THE SECOND DEGREE, PENAL LAW §170.10(3) – 2 COUNTS CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, PENAL LAW §170.25 – 2 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 25 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 31 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 31 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 31 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 3 COUNTS SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST JOSE RAMOS, DEFENDANT, IBNA WANDA ABREU, DEFENDANT, IBNA URIEL LOPEZ, DEFENDANT, IBNA _____________________________________________ INDICTMENT # GRAND JURY # 46471/2008 COUNTS FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE PENAL LAW § 175.10 – TWO COUNTS FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE PENAL LAW § 175.05(1) – TWO COUNTS GRAND LARCENY IN THE THIRD DEGREE PENAL LAW § 155.35 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PENAL LAW § 240.50(3)(C)
S PANEL, 3RDTERM SEPTEMBER 20, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT SEPTEMBER 24, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD AND WITH INTENT TO COMMIT ANOTHER CRIME OR TO AID OR CONCEAL THE COMMISSION THEREOF, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING THE NEW YORK CITY POLICE DEPARTMENT. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT SEPTEMBER 24, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING THE NEW YORK CITY POLICE DEPARTMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 26, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD AND WITH INTENT TO COMMIT ANOTHER CRIME OR TO AID OR CONCEAL THE COMMISSION THEREOF, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING GEICO.
FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 26, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING GEICO. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF GRAND LARCENY IN THE THIRD DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 30, 2009, IN THE COUNTY OF THE BRONX, DID STEAL PROPERTY HAVING A VALUE IN EXCESS OF THREE THOUSAND DOLLARS, THAT BEING UNITED STATES CURRENCY OWNED BY GEICO. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, SEPTEMBER 24, 2009, IN REPORTED, CONVEYED OR
ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT THE COUNTY OF THE BRONX, KNOWING THE INFORMATION CIRCULATED TO BE FALSE OR BASELESS, DID GRATUITOUSLY REPORT TO A LAW ENFORCEMENT OFFICER OR AGENCY FALSE INFORMATION RELATING TO AN ACTUAL INCIDENT OR TO THE ALLEGED IMPLICATION OF SOME PERSON THEREIN.
ROBERT T. JOHNSON DISTRICT ATTORNEY
GRAND JURY REPORT BRONX COUNTY INDICTMENT #
GRAND JURY # 46471/2008
FINDING: INDICTED
DEFENDANTS
DOCKET
JOSE RAMOS WANDA ABREU URIEL LOPEZ
I.B.N.A. I.B.N.A. I.B.N.A.
INDICTMENT CHARGES FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE PENAL LAW § 175.10 – COUNTS 1 & 3 FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE PENAL LAW § 175.05(1) –COUNTS 2 & 4 GRAND LARCENY IN THE THIRD DEGREE PENAL LAW § 155.35 – COUNT 5 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PENAL LAW § 240.50(3)(C) – COUNT 6 SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 COMPLETED SEPTEMBER 27, 2011 A.D.A. OMER WICZYK RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST CHRISTOPHER SCOTT DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 26 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 37 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 37 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 37 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 26 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 34 COUNTS
S PANEL, 3RD TERM SEPTEMBER 30, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FELICIANO ORTIZ WHEREIN FELICIANO
ORTIZ
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN
BRIAN MCGUCKIN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN CHRISTOPHER SCOTT ASKED, KEVIN MENDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FELICIANO ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE
CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL
FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010 CHRISTOPHER SCOTT AND VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WHEREIN CHRISTOPHER SCOTT CONFIRMED TO VIRGILIO BENCOSME THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM
VIRGILIO
CASTRO’S
CELL
BENCOSME’S PHONE
CELL
WHEREIN
PHONE VIRGILIO
TO
STEFFIE
BENCOSME
CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JAMES MURPHY WHEREIN JAMES MURPHY GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION.
2. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH RICHARD ZAMBRANO WHEREIN CHRISTOPHER SCOTT GAVE RICHARD ZAMBRANO SUMMONS INFORMATION. 3. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
CHRISTOPHER
SCOTT
WITH GAVE
JOSEPH JOSEPH
RAO RAO
WHEREIN SUMMONS
INFORMATION. 4. ON OR ABOUT MAY 4, 2010, JOSEPH RAO LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICEMAIL, WHEREIN JOSEPH RAO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT MAY 4, 2010, RICHARD ZAMBRANO LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICEMAIL WHEREIN RICHARD ZAMBRANO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO
INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN CHRISTOPHER INFORMATION.
SCOTT
GAVE
KEVIN
MENDEZ
SUMMONS
2. ON OR ABOUT JUNE 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CALL WITH AHMED BADI WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 3, 2010
AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF A NEW YORK CRIMINAL COURT SUMMONS. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS, TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 3, 2010 A TEXT MESSAGE WAS SENT FROM CHRISTOPHER SCOTT’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN CHRISTOPHER SCOTT GAVE JASON CENIZAL SUMMONS INFORMATION. 2. ON OR ABOUT JULY 8, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN JASON CENIZAL CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE
OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH BRIAN THEOPHILUS WHEREIN CHRISTOPHER SCOTT ASKED FOR, AND BRIAN THEOPHILUS GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN LYNCH WHEREIN CHRISTOPHER SCOTT ASKED, AND KEVIN LYNCH AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION
WITH
BRIAN
THEOPHILUS
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT THE SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING
THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY
REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATIONS
IN
AN
UNTRUTHFUL
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING
VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MATTHEW REY WHEREIN MATTHEW
REY
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MATTHEW REY WHEREIN MATTHEW REY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN
UNAUTHORIZED
EXERCISE
OF
HIS
OFFICIAL
FUNCTIONS,
KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT,
DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 17, 2010, IN THE
COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO
PREVENT THE
LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS
IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS, TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR
MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH LORRAINE PEREZ WHEREIN LORRAINE
PEREZ
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MICHAEL TURCHIANO WHEREIN CHRISTOPHER SCOTT GAVE MICHAEL TURCHIANO SUMMONS INFORMATION. 3. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN CARNEY WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH LORRAINE PEREZ WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JAMES
LISA
WHEREIN
CHRISTOPHER SCOTT ASKED FOR, AND JAMES LISA GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT MAY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANTWANE REEVES WHEREIN CHRISTOPHER SCOTT ASKED, AND ANTWANE REEVES AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 19, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JAMES
LISA
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 24, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JOHN DONATO WHEREIN JOHN DONATO GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT MAY 26, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
DONATO
WHEREIN
CHRISTOPHER SCOTT ASKED JOHN DONATO FOR SUMMONS INFORMATION. 3. ON OR ABOUT MAY 26, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
DONATO
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 25,
2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL
HERRAN
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 27, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL HERRAN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED,
PREVENTING
ITS
LAWFUL
DISPOSITION. 3. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
ANGEL
HERRAN
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JEREMIE MASON WHEREIN JEREMIE
MASON
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JASON
CENIZAL
WHEREIN
CHRISTOPHER SCOTT ASKED, AND JASON CENIZAL AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, JASON CENIZAL LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICE MAIL WHEREIN JASON CENIZAL
CONFIRMED
THAT
SAID
SUMMONS
HAD
BEEN
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JEREMIE MASON WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO
INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH GREGORY SMITH WHEREIN
CHRISTOPHER SCOTT ASKED FOR, AND GREGORY SMITH GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL HERRAN
ASKED
FOR,
AND
CHRISTOPHER
SCOTT
GAVE,
SUMMONS INFORMATION. 3. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH GREGORY SMITH WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS.
NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATIONS
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARCO VARELA WHEREIN MARCO
VARELA
INFORMATION.
GAVE
CHRISTOPHER
SCOTT
SUMMONS
2. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER
SCOTT
GAVE
CRYSTAL
VELEZ
SUMMONS
INFORMATION. 3. ON OR ABOUT JUNE 24, 2010, CRYSTAL VELEZ CAUSED SAID SUMMONSES
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
THEIR
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARCO VARELA WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY
DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 6, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH STEVEN ROHRBACHER WHEREIN CHRISTOPHER SCOTT ASKED FOR, AND STEVEN ROHRBACHER GAVE, SUMMONS INFORMATION.
2. ON OR ABOUT JULY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 9, 2010, CHRISTOPER SCOTT ENGAGED IN A PHONE CONVERSATION WITH STEVEN ROHRBACHER WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 14, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ENID VALENTIN WHEREIN ENID VALENTIN
GAVE
INFORMATION.
CHRISTOPHER
SCOTT
SUMMONS
2. ON OR ABOUT JULY 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER SCOTT GAVE CHRISTOPHER FOX SUMMONS INFORMATION. 3. ON OR ABOUT JULY 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ENID VALENTIN WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: (1)
ON OR ABOUT JULY 17, 2010 CHRIS SCOTT ENGAGED IN A PHONE
CONVERSATION WITH KENNETH RINALDI WHEREIN CHRIS SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
(2)
ON OR ABOUT JULY 17, 2010 CHRISTOPHER SCOTT CAUSED SAID
INSTRUMENT TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED, PREVENTING ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A
PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 20, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN HAROLD THOMPSON GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JULY 21, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 23, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT FEBRUARY 28, 2010, CHRIS SCOTT ENGAGED IN A PHONE CONVERSATION WITH MIKE FREEMAN WHEREIN MIKE FREEMAN GAVE CHRIS SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 1, 2010, CHRIS SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRIS SCOTT GAVE CRYSTAL VELEZ SUMMONS INFORMATION. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY
AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 13, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH DOROTHY MELLONE WHEREIN
CHRISTOPHER
SCOTT
ASKED
DOROTHY
MELLONE
FOR
SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 13, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH AN UNKNOWN MALE PAULIE WHEREIN
PAULIE
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
MARC
BARRERA
WHEREIN
CHRISTOPHER SCOTT ASKED, AND MARC BARRERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH AN UNKNOWN MALE PAULIE WHEREIN
CHRISTOPHER
SCOTT
CONFIRMED
THAT
SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR MAY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HARRY THOMPSON WHEREIN HARRY THOMPSON GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARC BARRERA WHEREIN MARC BARRERA AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARC BARRERA WHEREIN IT
WAS CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT
RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATIONS
IN
AN
UNTRUTHFUL
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE.
ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS,
SUCH
ACTION
CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY
OBSTRUCTED,
IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL
FORCE
OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS.
ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR
A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR
TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM MCDONALD WHEREIN WILLIAM MCDONALD GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JOSE
GENAO
WHEREIN
CHRISTOPHER SCOTT ASKED, AND JOSE GENAO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM MCDONALD WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILLIO BENSOCME’S CELL PHONE TO CHRISTOPHER
SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH VIRGILLIO BENCOSME WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO TELEPHONE INSTRUMENT BENCOSME
NUMBER
(718)
CONFIRMED
600-0783
THAT
WHEREIN
SAID
VIRGILIO
SUMMONS
WAS
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH
ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN
CHRISTOPHER SCOTT GAVE WILLIAM RODRIGUEZ SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN WILLIAM RODRIGUEZ TELLS CHRISTOPHER SCOTT THAT THE SUMMONS WILL BE INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 12, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN WILLIAM RODRIGUEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY
OBSTRUCTED,
IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL
FORCE
OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS,
SUCH
CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE.
ACTION
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
CHRISTOPHER SCOTT
IBNA
INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 26 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 37 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 37 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW '195.05 – 37 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 26 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 34 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
MICHAEL PROVIDED
HERNANDEZ IDENTIFYING
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO JOSEPH ANTHONY’S
CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER FOX CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
MICHAEL
HERNANDEZ
WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JULY 15, 2010 AND JULY 19, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE JOE WHEREIN JOHN DOE JOE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (917) 519-0872 TO JOSEPH ANTHONY’S CELL
PHONE
CONTAINING
ADDITIONAL
INFORMATION ABOUT A SUMMONS.
IDENTIFYING
3. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CRAIG MATTHEWS WHEREIN JOSEPH ANTHONY ASKED, AND CRAIG MATTHEWS AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CRAIG MATTHEWS WHEREIN JOSEPH ANTHONY PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT IABONI WHEREIN
ROBERT IABONI PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
ANTHONY
ROMANO
WHEREIN JOSEPH ANTHONY ASKED, AND ANTHONY ROMANO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION JOSEPH
WITH
ANTHONY
ANTHONY
PROVIDED
ROMANO
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WITH
ANTHONY
ROMANO
WHEREIN JOSEPH ANTHONY REMINDED ANTHONY ROMANO TO INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. 5. ON OR ABOUT JUNE 7, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION ANTHONY
WITH
ROMANO
ANTHONY
CONFIRMED
ROMANO
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 12, 2010, A TEXT MESSAGE WAS SENT FROM RAYMOND SANCHEZ’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 12, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO CHRISTOPHER FOX’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JUNE 14, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN JOSEPH ANTHONY ASKED, AND CHRISTOPHER FOX AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 17, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN JOSEPH ANTHONY REMINDED CHRISTOPHER FOX TO INSTRUCT ANOTHER
OFFICER
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENT. 5. ON OR ABOUT JUNE 22, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER FOX CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 12, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 29, 2010 AND APRIL 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 8, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH JOSEPH ANTHONY WHEREIN LUIS RODRIGUEZ PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MAY 8, 2010, JOSEPH ANTHONY ENGAGED IN A PHONE CONVERSATION WITH ANN MARIE WOOD WHEREIN
JOSEPH ANTHONY ASKED, AND ANN MARIE WOOD AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 8, 2010, JOSEPH ANTHONY ENGAGED IN A PHONE CONVERSATION WITH ANN MARIE WOOD WHEREIN JOSEPH ANTHONY PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT MAY 8, 2010, A TEXT MESSAGE WAS SENT FROM ANN MARIE WOOD’S PHONE TO JOSEPH ANTHONY’S PHONE WHEREIN ANN MARIE WOOD CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT MAY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TELEPHONE NUMBER (914) 882-9996 WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT MAY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR
DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE
OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN SEPTEMBER 15, 2010 AND SEPTEMBER 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
CRIME,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
ADMINISTRATION IN THE SECOND DEGREE.
OF
GOVERNMENTAL
FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 26, 2010, A TEXT MESSAGE WAS SENT FROM MARCO VARELA’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 26, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO MICHAEL LIFRIERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS.
3. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL LIFRIERI WHEREIN JOSEPH ANTHONY ASKED, AND MICHAEL LIFRIERI AGREED, TO ARRANGE FOR ANOTHER POLICE OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL LIFRIERI WHEREIN MICHAEL LIFRIERI CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JULY 26, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH MARCO VARELA WHEREIN JOSEPH ANTHONY CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JULY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING.
SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN MAY 12, 2010 AND MAY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 11, 2010 AND DECEMBER 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING.
NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN APRIL 26, 2010 AND APRIL 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK CITY CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT JUNE 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT HE DID NOT HAVE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, AND WITH INTENT TO DEFRAUD, DID KNOWINGLY REMOVE, MUTILATE, DESTROY, CONCEAL, MAKE FALSE ENTRY IN OR FALSELY ALTERED A RECORD OR OTHER WRITTEN INSTRUMENT FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE OR PUBLIC SERVANT, THAT BEING A NEW YORK
STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT AUGUST 24, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE CONVERSATION WITH TIMOTHY DALY WHEREIN JOSEPH ANTHONY ASKED, AND TIMOTHY DALY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT AUGUST 25, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER FOX’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE WHEREIN CHRISTOPHER FOX CONFIRMED THAT A SUMMONS WAS MARKED AND SENT TO THE BRONX PATROL BOROUGH OFFICES. 3. ON OR ABOUT AUGUST 25, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TIMOTHY DALY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT AUGUST 27, 2010, A TEXT MESSAGE WAS SENT FROM JOSEPH ANTHONY’S CELL PHONE TO TIMOTHY DALY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT SEPTEMBER 6, 2010, A TEXT MESSAGE WAS SENT FROM TIMOTHY DALY’S CELL PHONE TO JOSEPH ANTHONY’S CELL PHONE WHEREIN TIMOTHY DALY CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, JOSEPH ANTHONY, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, JOSEPH ANTHONY, ON OR ABOUT AND BETWEEN AUGUST 21, 2010 AND SEPTEMBER 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
JOSEPH ANTHONY INDICTMENT CHARGES TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW §175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 10 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 22 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 22 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 22 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §' 105.05(1) – 7 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05(1) – 11 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 11 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST VIRGILIO BENCOSME DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 27 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 33 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 33 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 33 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 24 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 29 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 2 COUNTS S PANEL, 3RD TERM SEPTEMBER 30, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ANGEL RODRIGUEZ WHEREIN
VIRGILIO BENCOSME ASKED ANGEL RODRIGUEZ FOR ANOTHER OFFICER’S CONTACT INFORMATION. 2. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM ANGEL RODRIGUEZ’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE
WHEREIN
ANGEL
RODRIGUEZ
PROVIDED
SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JAMIE PAYAN’S CELL PHONE CONTAINING SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAMIE PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAMIE PAYAN AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 5. ON OR ABOUT JUNE 10, 2010, JAMIE PAYAN ENGAGED IN A PHONE CONVERSATION WITH LATORRA BLAIR WHEREIN JAMIE PAYAN ASKED, AND LATORRA BLAIR AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 12, 2010, ROBERT MCGEE LEFT A MESSAGE ON VIRGILIO BENCOSME’S VOICEMAIL WHEREIN ROBERT MCGEE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 2. ON OR ABOUT JANUARY 13, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO TELEPHONE NUMBER
(718)
664-8749
WHEREIN
VIRGILIO
BENCOSME
CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 8, 2010 AND JANUARY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE CONTAINING SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 23, 2010 AND JANUARY 25, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE WHEREIN JOHN DOE
PROVIDED
IDENTIFYING
INFORMATION
ABOUT
A
SUMMONS. 2. ON OR ABOUT MAY 30, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (646) 775-8709 TO VIRGILIO BENCOSME’S CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN VIRGILIO BENCOSME ASKED, AND ANNE MARIE MORRISON
AGREED,
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON
WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MAY 31, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND MAY 31, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO
INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 15, 2010, JASON FERNANDEZ LEFT A MESSAGE ON VIRGILIO BENCOSME’S VOICEMAIL WHEREIN JASON FERNANDEZ PROVIDED IDENTIFYING INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
ASKED,
AND
MICHAEL
HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT MARCH 16, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON MICHAEL HERNANDEZ’S VOICEMAIL WHEREIN VIRGILIO BENCOSME PROVIDED ADDITIONAL IDENTIFYING INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MARCH 17, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS
OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 15, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON JUAN LUCIO’S VOICEMAIL WHEREIN VIRGILIO BENCOSME ASKED JUAN LUCIO TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 15, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON PROVIDED IDENTIFYING INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ANNE MARIE MORRISON WHEREIN ANNE MARIE MORRISON PROVIDED ADDITIONAL IDENTIFICATION INFORMATION ABOUT THE OFFICER WHO ISSUED SAID INSTRUMENT. 3. ON OR ABOUT JUNE 9, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOSE GORDIAN WHEREIN
VIRGILIO BENCOSME ASKED JOSE GORDIAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 8, 2010 AND JUNE 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR
INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN
UNAUTHORIZED
EXERCISE
OF
HIS
OFFICIAL
FUNCTIONS,
KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS
IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT
CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM LAURA LALLI’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO MICHAEL SULLIVAN’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED MICHAEL SULLIVAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO MICHAEL SULLIVAN’S
CELL
PHONE
CONTAINING
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JANUARY 28, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH LAURA LALLI
WHEREIN
LAURA
LALLI
PROVIDED
ADDITIONAL
IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. 5. ON OR ABOUT JANUARY 28, 2010, A TEXT MESSAGE WAS SENT FROM
MICHAEL
SULLIVAN’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN MICHAEL SULLIVAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANT,
VIRGILIO
BENCOSME,
ON
OR
ABOUT
JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN
SUCH
CONDUCT,
IN
THAT
DEFENDANT
ASKED
ANOTHER
INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JOHN DOE MARK WHEREIN JOHN DOE MARK PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT MARCH 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN
EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT MARCH 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT APRIL 3, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 3. ON OR ABOUT APRIL 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 4. ON OR ABOUT APRIL 9, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 1, 2010, A TEXT MESSAGE WAS SENT FROM TELEPHONE NUMBER (646) 431-4600 TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE
CONVERSATION
WITH
JANE
DOE
CRYSTAL
WHEREIN JANE DOE CRYSTAL INFORMED VIRGILIO BENCOSME THAT SAID INSTRUMENT WAS ISSUED BY A METROPOLITAN TRANSIT AUTHORITY BRIDGES AND TUNNEL OFFICER. 3. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE WHEREIN VIRGILIO BENCOSME ASKED, AND JOHN DOE MIKE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 1, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE WHEREIN
VIRGILIO BENCOSME PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT MAY 2, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN DOE MIKE, WHEREIN JOHN DOE MIKE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OE ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 29, 2010, A TEXT MESSAGE WAS SENT FROM JAMES GIRONDA’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN VIRGILIO BENCOSME ASKED, AND LUIS RODRIGUEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION.
4. ON OR ABOUT JUNE 29, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN LUIS RODRIGUEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JUNE 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010
AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH DAVID LUGO WHEREIN VIRGILIO BENCOSME
INFORMED
DAVID
LUGO
TO
EXPECT
A
CONFIRMATION FROM EITHER HIMSELF OR BRIAN MCGUCKIN ONCE THE SUMMONS HAS BEEN INTERFERED WITH. 3. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
ROBERT MCGEE TOLD BRIAN MCGUCKIN THAT HE DID NOT YET
HAVE ADDITIONAL INFORMATION AS TO THE INTERFERENCE OF SAID SUMMONS. 4. ON OR ABOUT JULY 7, 2010, A TEXT MESSAGE WAS SENT FROM ROBERT MCGEE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE, WHEREIN ROBERT MCGEE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 2, 2010 AND JANUARY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010, AND JANUARY 6, 2010 IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH FABIO CHECO WHEREIN FABIO
CHECO
GAVE
VIRGILIO
BENCOSME
SUMMONS
INFORMATION. 2. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM FABIO CHECO’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING SUMMONS INFORMATION. 3. ON OR ABOUT JANUARY 6, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JANUARY 6, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 5. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM
EUGENE
BENCOSME’S
O’REILLY’S
CELL
PHONE
CELL
PHONE
WHEREIN
TO
VIRGILIO
EUGENE
O’REILLY
CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 5, 2010 AND JANUARY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 6, 2010, A TEXT MESSAGE WAS SENT FROM JOSE ROMERO’S CELL PHONE TO VIRGILIO BENCOSME’S
CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JANUARY 7, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH RICHARD SILVERMAN WHEREIN
VIRGILIO
BENCOSME
ASKED,
AND
RICHARD
SILVERMAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JANUARY 7, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO RICHARD SILVERMAN’S
CELL
PHONE
CONTAINING
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JANUARY 11, 2010, A TEXT MESSAGE WAS SENT FROM RICHARD SILVERMAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE WHEREIN RICHARD SILVERMAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT
DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO
HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 14, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES WHEELER
WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENT. 2. ON OR ABOUT JANUARY 14, 2010, VIRGILIO BENCOSME CALLED THE 40TH POLICE PRECINCT AND SPOKE TO JOHN DOE PETE WHEREIN VIRGILIO BENCOSME ASKED JOHN DOE PETE FOR A POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JANUARY 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH RONALD WILSON WHEREIN VIRGILIO BENCOSME ASKED, AND RONALD WILSON
AGREED,
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM
VIRGILIO
WILSON’S
BENCOSME’S
CELL
PHONE
CELL
PHONE
CONTAINING
TO
RONALD
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 5. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM
RONALD
BENCOSME’S
WILSON’S
CELL
PHONE
CELL
PHONE
WHEREIN
TO
RONALD
VIRGILIO WILSON
CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 6, 2010 AND JANUARY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 29, 2010 AND FEBRUARY 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAIME PAYAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION.
3. ON OR ABOUT MARCH 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH RALPH GEORGE WHEREIN RALPH
GEORGE
PROVIDED
ADDITIONAL
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 1, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO LUIS MEJIA’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 26, 2010, A TEXT MESSAGE WAS SENT FROM LUIS MEJIA’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
WHEREIN
LUIS
MEJIA
CONFIRMED
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
3. ON OR ABOUT JUNE 26, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH ADRIAN RAMOS WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 29,
2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 30, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN JOSE GORDIAN PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 30, 2010 A TEXT MESSAGE WAS SENT FROM JOSE GORDIAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE CONTAINING ADDITIONAL SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 30, 2010 VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAIME PAYAN WHEREIN VIRGILIO BENCOSME ASKED, AND JAIME PAYAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 30, 2010 A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JAIME PAYAN’S CELL PHONE CONTAINING SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 29, 2010 AND JUNE 30, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 9, 2010 AND JANUARY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE
SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO
HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 15, 2010 A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010 CHRISTOPHER SCOTT ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH
ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT MARCH 17, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ROSSI MATA WHEREIN ROSSI MATA PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 17, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH JASON FERNANDEZ WHEREIN VIRGILIO BENCOSME ASKED JASON FERNANDEZ FOR AN OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT MARCH 18, 2010 A TEXT MESSAGE WAS SENT FROM JAIME PAYAN’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT MARCH 18, 2010 VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH ROSSI MATA WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN MARCH 17, 2010 AND MARCH 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT
DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN JASON CENIZAL PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 30, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH JAYSON MILATZ WHEREIN JAYSON MILATZ INFORMED VIRGILIO BENCOSME THAT HE HAD HANDED A SUMMONS INTO THE 40TH PRECINCT. 3. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED JASON CENIZAL TO RESEND THE IDENTIFICATION INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JUNE 30, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL
FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
CONTAINING
ADDITIONAL
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JOSE RAMOS’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED FOR ADDITIONAL IDENTIFICATION INFORMATION OF A SUMMONS. 4. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM JOSE RAMOS’S CELL PHONE TO VIRGILIO BENCOSME’S CELL PHONE
CONTAINING
ADDITIONAL
IDENTIFICATION
INFORMATION ABBOUT A SUMMONS. 5. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO PATRICK O’HARE’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED FOR ANOTHER OFFICER’S CONTACT INFORMATION. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH
A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE
NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, VIRGILIO BENCOSME, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, VIRGILIO BENCOSME, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
VIRGILIO BENCOSME INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 27 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 33 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 33 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 33 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 24 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 29 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 2 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST JENNARA COBB DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS DIVULGING AN EAVESDROPPING WARRANT, PENAL LAW § 250.20 OFFICIAL MISCONDUCT, PENAL LAW § 195.00(1) OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW § 195.05
S PANEL, 3RD TERM SEPTEMBER 20, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
COUNT ONE THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF DIVULGING AN EAVESDROPPING WARRANT, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, POSSESSING INFORMATION CONCERNING THE EXISTENCE OR CONTENT OF AN EAVESDROPPING WARRANT ISSUED PURSUANT TO ARTICLE SEVEN HUNDRED OF THE CRIMINAL PROCEDURE LAW, OR CONCERNING A CIRCUMSTANCE ATTENDING AN APPLICATION FOR SUCH A WARRANT, DID DISCLOSE SUCH INFORMATION TO A PERSON NOT SPECIFICALLY AUTHORIZED BY LAW TO RECEIVE SUCH INFORMATION. COUNT TWO THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, BEING A PUBLIC SERVANT, TO WIT: A NEW YORK CITY POLICE OFFICER, WITH INTENT TO OBTAIN A BENEFIT OR TO INJURE OR DEPRIVE ANOTHER PERSON OF A BENEFIT, DID COMMIT AN ACT RELATING TO HER OFFICE BUT CONSITUTING AN UNAUTHORIZED EXERCISE OF HER OFFICIAL FUNCTION, KNOWING THAT SUCH ACT WAS UNAUTHORIZED.
COUNT THREE THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, ON OR ABOUT FEBRUARY 4, 2010, IN THE COUNTY OF THE BRONX AND ELSEWHERE, WHERE SUCH CONDUCT HAD AND WAS LIKELY TO HAVE A PARTICULAR EFFECT UPON THE COUNTY OF THE BRONX AND WAS PERFORMED WITH INTENT THAT IT WOULD AND WITH KNOWLEDGE THAT IT WAS LIKELY TO HAVE SUCH A PARTICULAR EFFECT THEREIN, DID INTENTIONALLY OBSTRUCT, IMPAIR, OR PERVERT THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY DIVULGING THE EXISTENCE OF OR CONTENT OF A DULY AUTHORIZED EAVESDROPPING WARRANT TO A PERSON OR PERSONS NOT SPECIFICALLY AUTHORIZED BY LAW TO RECEIVE SUCH INFORMATION.
ROBERT T. JOHNSON DISTRICT ATTORNEY BRONX COUNTY
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #:46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
JENNARA COBB
IBNA
INDICTMENT CHARGES DIVULGING AN EAVESDROPPING WARRANT, PENAL LAW § 250.20 OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 20, 2011 A.D.A. JONATHAN B. ORTIZ RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST MICHAEL HERNANDEZ DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW § 175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 24 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 24 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 24 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 16 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW § 100.00 – 2 COUNTS S PANEL, 3RD TERM SEPTEMBER 29, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN PROVIDED SUMMONS INFORMATION. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI
WHEREIN MICHAEL HERNANDEZ PROVIDED ANNETTE GASPERI SUMMONS INFORMATION. 3. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A PHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN MICHAEL HERNANDEZ ASKED, AND ANNETTE GASPERI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, ANNETTE GASPERI SENT A TEXT MESSAGE
TO
CONTAINING
MICHAEL IDENTIFYING
HERNANDEZ’S INFORMATION
CELL ABOUT
PHONE SAID
INSTRUMENT. 2. ON OR ABOUT JUNE 2, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JOHN D’ADAMO WHEREIN
JOHN D’ADAMO GAVE MICHAEL HERNANDEZ THE NAME OF THE MOTORIST WHO RECEIVED SAID INSTRUMENT. 3. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE
CONVERSATION
WHEREIN
MICHAEL
ANTHONY
AGREED,
WITH
MICHAEL
HERNANDEZ TO
ASKED,
INTERFERE
WITH
HERNANDEZ AND
THE
JOSEPH LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 2, 2010, JOSEPH ANTHONY ENGAGED IN A TELEPHONE WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
MICHAEL PROVIDED
HERNANDEZ IDENTIFYING
INFORMATION ABOUT SAID SUMMONS. 5. ON OR ABOUT JUNE 2, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO JOSEPH ANTHONY’S CELL
PHONE
CONTAINING
ADDITIONAL
IDENTIFYING
INFORMATION ABOUT SAID SUMMONS. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
LAW
IMPAIRED OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN MARCH 15, 2010 AND MARCH 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT MARCH 15, 2010, VIRGILIO BENCOSME ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN
VIRGILIO
BENCOSME
PROVIDED
IDENTIFYING
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MARCH 16, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON MICHAEL HERNANDEZ’S VOICEMAIL WHEREIN VIRGILIO BENCOSME PROVIDED ADDITIONAL IDENTIFYING INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MARCH 16, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN
MICHAEL
HERNANDEZ
CONFIRMED
SOME
IDENTIFYING INFORMATION ABOUT SAID INSTRUMENT. 4. ON OR ABOUT MARCH 17, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 21, 2010 AND APRIL 22, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE
FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KEVIN CARNEY WHEREIN KEVIN CARNEY PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM KEVIN CARNEY’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 19, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KEVIN CARNEY WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM JEFFREY
CABANILLAS’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JUNE 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
MICHAEL
BYNUM
WHEREIN MICHAEL HERNANDEZ ASKED, AND MICHAEL BYNUM AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
MICHAEL
BYNUM
WHEREIN MICHAEL HERNANDEZ ASKED MICHAEL BYNUM FOR ANOTHER OFFICER’S CONTACT INFORMATION. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
BARRY
BRADLEY
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JUNE 8, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
BARRY
BRADLEY
WITH
BARRY
CONFIRMED
BRADLEY
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 3. ON OR ABOUT JUNE 8, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH DANIEL GROTH WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENTS WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JUNE 6, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE
BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE
OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 5, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN MICHAEL HERNANDEZ ASKED ROBERT LEONE TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN MICHAEL
HERNANDEZ
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 4. ON OR ABOUT JULY 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ROBERT LEONE WHEREIN ROBERT LEONE CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JULY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN VICTOR HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS.
2. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH HELEN RIVERA WHEREIN MICHAEL HERNANDEZ ASKED, AND HELEN RIVERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH HELEN RIVERA WHEREIN HELEN RIVERA CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 13, 2010, MICHAEL HERNANDEZ ENGAGED IN
A
TELEPHONE
CONVERSATION
WITH
HELEN
RIVERA
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 13, 2010, HELEN RIVERA CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
THE
AND/OR LAWFUL
DISPOSITION OF SAID INSTRUMENT. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 16, 2010, MICHAEL HERNANDEZ ENGAGED IN A CONVERSATION WITH DONALD PIRONE WHEREIN DONALD PIRONE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN
A
TELEPHONE
CONVERSATION
WITH
HELEN
RIVERA
WHEREIN MICHAEL HERNANDEZ ASKED, AND HELEN RIVERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN
MICHAEL
HERNANDEZ
ASKED,
AND
WILLIAM
RODRIGUEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT APRIL 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH DONALD PIRONE WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH
THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH BERNALDINO PADILLA
WHEREIN BERNALDINO PADILLA PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH BERNALDINO PADILLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 5, 2010 AND APRIL 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF,
THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 5, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KENNY STELLA WHEREIN KENNY STELLA PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH KENNY STELLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE, IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE
FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN
JAMES
SHEEHAN
CONFIRMED
THAT
SAID
INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 12, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH WILLIAM MCALOON WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT
AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 15, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH SERGIO COPPOLA WHEREIN
SERGIO
COPPOLA
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 15, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH SERGIO COPPOLA WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN APRIL 27, 2010 AND APRIL 29, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND
LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 28, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL DONATO WHEREIN
MICHAEL
DONATO
PROVIDED
IDENTIFICATION
INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT APRIL 29, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH MICHAEL DONATO WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER
TO
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING
VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANGELO MACHICOTE WHEREIN ANGELO MACHICOTE PROVIDED IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT MAY 6, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT MAY 6, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON ANGELO MACHICOTE’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE
DEPARTMENT
INFORMATIONS
TO
OF BE
MOTOR
INTERCEPTED,
VEHICLES
SIMPLIFIED
DESTROYED
AND/OR
OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH
DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 26, 2010, A TEXT MESSAGE WAS SENT FROM VITTORIO
GIANGREGORIO’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN
MICHAEL
HERNANDEZ
ASKED,
AND
PATRICK
MCGOVERN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 3. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 4. ON OR ABOUT MAY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN
PATRICK
MCGOVERN
CONFIRMED
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT MAY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE
DEPARTMENT
INFORMATIONS
IN
A
OF
MOTOR
MANNER
VEHICLES
PREVENTING
SIMPLIFIED
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT HE DID NOT HAVE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, AND WITH INTENT TO DEFRAUD, DID KNOWINGLY REMOVE, MUTILATE, DESTROY, CONCEAL, MAKE FALSE ENTRY IN OR FALSELY ALTERED RECORDS OR OTHER WRITTEN INSTRUMENTS FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE OR PUBLIC SERVANT, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS.
ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF
AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JULY 4, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
CHRISTOPHER
FOX
WHEREIN MICHAEL HERNANDEZ PROVIDED IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
CONVERSATION
WITH
CHRISTOPHER
FOX
WHEREIN CHRISTOPHER FOX INFORMED MICHAEL HERNANDEZ THAT HE WAS UNABLE TO INTERCEPT SAID INSTRUMENTS BECAUSE THEY WERE ALREADY SENT TO THE BRONX PATROL BOROUGH OFFICE. 3. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
MICHAEL
WITH
HERNANDEZ
KEVIN
ASKED,
MCCARTHY AND
KEVIN
MCCARTHY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT JULY 6, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO KEVIN MCCARTHY’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 5. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ ENGAGED IN A
TELEPHONE
WHEREIN
CONVERSATION
KEVIN
MCCARTHY
WITH
KEVIN
CONFIRMED
MCCARTHY THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONIES OF GRAND LARCENY IN THE FOURTH DEGREE AND TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS.
ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 22, 2010, A TEXT MESSAGE WAS SENT FROM WILLIAM
MCDONALD’S
CELL
PHONE
TO
MICHAEL
HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT SAID INSTRUMENTS. 2. ON OR ABOUT JULY 22, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN GASPERI
MICHAEL AGREED,
HERNANDEZ TO
ASKED,
INTERFERE
AND
WITH
THE
ANNETTE LAWFUL
DISPOSITION OF SUMMONSES. 3. ON OR ABOUT JULY 26, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH ANNETTE GASPERI WHEREIN
ANNETTE
GASPERI
CONFIRMED
THAT
SAID
INSTRUMENTS WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 4. ON OR ABOUT JULY 26, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON WILLIAM MCDONALD’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENTS WERE
INTERFERED
DISPOSITION.
WITH
TO
PREVENT
THEIR
LAWFUL
ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 21, 2010 AND JULY 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 17, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 2. ON OR ABOUT JULY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S CELL PHONE CONTAINING IDENTIFICATION INFORMATION ABOUT A SUMMONS. 3. ON OR ABOUT JULY 20, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 17, 2010 AND JULY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 2, 2010, MICHAEL HERNANDEZ ENGAGED IN A TELEPHONE CONVERSATION WITH JAMES SHEEHAN WHEREIN JAMES SHEEHAN AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JULY 6, 2010, A TEXT MESSAGE WAS SENT FROM JAMES SHEEHAN’S CELL PHONE TO MICHAEL HERNANDEZ’S CELL PHONE WHEREIN JAMES SHEEHAN CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JULY 6, 2010, MICHAEL HERNANDEZ LEFT A MESSAGE ON MICHAEL MCCORMICK’S VOICEMAIL WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID INSTRUMENT WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT AND BETWEEN JULY 2, 2010 AND JULY 6, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING OR ATTEMPTING TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, MICHAEL HERNANDEZ, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, MICHAEL HERNANDEZ, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH
CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
DEFENDANT
FINDING: INDICTED
DOCKET #:
MICHAEL HERNANDEZ INDICTMENT CHARGES TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE, PENAL LAW § 175.25 – 1 COUNT GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 24 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 24 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 24 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 16 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW § 100.00 – 2 COUNTS SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST CHRISTOPHER MANZI DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 29 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 29 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 29 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 22 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 7 COUNTS
S PANEL, 3RD TERM SEPTEMBER 27, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH CORNELIUS CREMIN
WHEREIN CORNELIUS CREMIN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN CHRISTOPHER MANZI ASKED, AND JASON CENIZAL AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A TELEPHONE CONVERSATION WITH JASON CENIZAL WHEREIN CHRISTOPHER
MANZI
GAVE
JASON
CENIZAL
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 23, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JASON CENIZAL CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 22, 2010 AND APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE
CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 17, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CORNELIUS CREMIN WHEREIN CORNELIUS CREMIN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CORNELIUS CREMIN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING
VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN LUIS RODRIGUEZ ASKED, AND CHRISTOPHER MANZI AGREED, TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SUMMONSES. 2. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN LUIS
RODRIGUEZ
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 3. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITIONS. 4. ON OR ABOUT MARCH 9, 2010, LUIS RODRIGUEZ ENGAGED IN A PHONE CONVERSATION WITH JONAULD GUEST WHEREIN LUIS RODRIGUEZ
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION.
SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 24, 2010, A TEXT MESSAGE WAS SENT FROM JOHN GIESEN’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM JOHN GIESEN’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN JOHN GIESEN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI LEFT A MESSAGE
ON
JOHN
GIESEN’S
VOICEMAIL,
WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RICH HAPPEL WHEREIN CHRISTOPHER MANZI ASKED, AND RICH HAPPEL AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 7. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RICH HAPPEL WHEREIN RICH HAPPEL
ASKED
CHRISTOPHER
MANZI
FOR
SUMMONS
INFORMATION. 8. ON OR ABOUT JUNE 25, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO RICH HAPPEL’S CELL PHONE WHEREIN CHRISTOPHER MANZI GAVE RICH HAPPEL SUMMONS INFORMATION. 9. ON OR ABOUT JUNE 28, 2010, A TEXT MESSAGE WAS SENT FROM RICH HAPPEL’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE
WHEREIN
RICH
HAPPEL
CONFIRMED
THAT
SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 10. ON OR ABOUT JUNE 28, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOHN GIESEN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM
JOSELYN
JIMENEZ’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN JOSELYN JIMENEZ GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO JOSELYN JIMENEZ’S CELL PHONE WHEREIN VIRGILIO BENCOSME ASKED JOSELYN JIMENEZ FOR SUMMONS INFORMATION. 3. ON OR ABOUT MARCH 7, 2010, A TEXT MESSAGE WAS SENT FROM
JOSELYN
JIMENEZ’S
CELL
PHONE
TO
VIRGILIO
BENCOSME’S CELL PHONE WHEREIN JOSELYN JIMENEZ GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 4. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN VIRGILIO
BENCOSME
ASKED,
AND
CHRISTOPHER
MANZI
AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT MARCH 7, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN
CHRISTOPHER MANZI ASKED FOR, AND VIRGILIO BENCOSME GAVE, SUMMONS INFORMATION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITIONS OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BOBBY MCGEE WHEREIN CHRISTOPHER
MANZI
GAVE
BOBBY
MCGEE
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BOBBY MCGEE WHEREIN BOBBY MCGEE GAVE CHRISTOPHER MANZI AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER MANZI GAVE PATRICK O’HARE AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER MANZI ASKED, AND PATRICK O’HARE AGREED, TO
INTERFERE
SUMMONSES.
WITH
THE
LAWFUL
DISPOSITION
OF
5. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN CHRISTOPHER
MANZI
GAVE
PATRICK
O’HARE
SUMMONS
INFORMATION. 6. ON OR ABOUT JUNE 27, 2010, A TEXT MESSAGE WAS SENT FROM PATRICK O’HARE’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN PATRICK O’HARE CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 25, 2010 AND JUNE 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 3, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE
CONVERSATION
CHRISTOPHER
MANZI
WITH GAVE
DIANE DIANE
ROHMAN ROHMAN
WHEREIN SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 3, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE
ROHMAN ASKED FOR, AND CHRISTOPHER MANZI GAVE, SUMMONS INFORMATION. 3. ON OR ABOUT APRIL 4, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE CEPEDA WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 3, 2010 AND APRIL 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHEN ZUPIC WHEREIN STEPHEN
ZUPIC
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN CHRISTOPHER MANZI ASKED, AND BILL MCDONALD AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN CHRISTOPHER
MANZI
GAVE
BILL
MCDONALD
SUMMONS
INFORMATION. 4. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BILL MCDONALD WHEREIN
BILL MCDONALD CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH GEORGE COSTOSO WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHEN ZUPIC WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN LUIS RODRIGUEZ ASKED, AND CHRISTOPHER MANZI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 2, 2010, LUIS RODRIGUEZ LEFT A MESSAGE ON
CHRISTOPHER
MANZI’S
VOICEMAIL
WHEREIN
LUIS
RODRIGUEZ
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 3. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI LEFT A MESSAGE
ON
LUIS
RODRIGUEZ’S
VOICEMAIL
WHEREIN
CHRISTOPHER MANZI CONFIRMED RECEIPT OF THE SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LUIS RODRIGUEZ WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN RONALD
WILSON
INFORMATION.
GAVE
CHRISTOPHER
MANZI
SUMMONS
2. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN CHRISTOPHER MANZI ASKED RONALD WILSON FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM RONALD WILSON’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN RONALD WILSON GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
GIESEN
WHEREIN
CHRISTOPHER MANZI ASKED JOHN GIESEN FOR SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO JOHN GIESEN’S CELL PHONE WHEREIN CHRISTOPHER MANZI GAVE JOHN GIESEN SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
GIESEN
WHEREIN
CHIRSTOPHER MANZI ASKED, AND JOHN GIESEN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 7. ON OR ABOUT JUNE 8, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN RONALD
WILSON
GAVE
CHRISTOHPER
MANZI
SUMMONS
INFORMATION. 8. ON OR ABOUT JUNE 8, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH RONALD WILSON WHEREIN
CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 9, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH VINCENT COMMISSO WHEREIN VINCENT COMMISSO GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN ADAM FRIDSON CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH VINCENT COMMISSO WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 9, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 26, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 26, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH DIANNA LOPEZ WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 27, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN, WHEREIN CHRISTOHPER MANZI CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 26, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31,
2010,
IN
THE
COUNTY
OF
THE
BRONX,
INTENTIONALLY
OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MARCH 31, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE JACKSON WHEREIN CHRISTOPHER MANZI GAVE EUGENE JACKSON SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 31, 2010, EUGENE JACKSON CAUSED SAID INSTRUMENT TO BE DESTROYED, PREVENTING ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MARCH 31, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE JACKSON WHEREIN EUGENE JACKSON CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT MARCH 31, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT
ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO
OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY ROMERO WHEREIN ANTHONY
ROMERO
GAVE
JAIME
PAYAN
SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN JAIME PAYAN ASKED, AND CHRISTOPHER MANZI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN JAIME
PAYAN
GAVE
CHRISTOPHER
MANZI
SUMMONS
INFORMATION. 4. ON OR ABOUT APRIL 22, 2010, JAIME PAYAN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER MANZI WHEREIN CHRISTOPHER MANZI ASKED JAIME PAYAN FOR SUMMONS INFORMATION. 5. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER MANZI ASKED, AND JOSEPH GELARDI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 6. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER
MANZI
GAVE
JOSEPH
GELARDI
SUMMONS
INFORMATION. 7. ON OR ABOUT APRIL 22, 2010, JOSEPH GELARDI CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED,
PREVENTING
ITS
LAWFUL
DISPOSITION. 8. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN JOSEPH GELARDI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 9. ON OR ABOUT APRIL 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 10. ON OR ABOUT APRIL 22, 2010, A TEXT MESSAGE WAS SENT FROM JAIME PAYAN’S CELL PHONE TO ANTHONY ROMERO’S CELL PHONE WHEREIN JAIME PAYAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 22, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED THE CITY OF
NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW
YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DAVID KAERON WHEREIN CHRISTOPHER MANZI ASKED, AND DAVID KAERON AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
2. ON OR ABOUT APRIL 23, 2010, DAVID KAERON CAUSED SAID INSTRUMENT TO BE DESTROYED PREVENTING ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 23, 2010, CHRISTOPER MANZI ENGAGED IN A PHONE CONVERSATION WITH GINO MENCARONI WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI GAVE EUGENE O’REILLY SUMMONS INFORMATION.
2. ON OR ABOUT JUNE 2, 2010, EUGENE O’REILLY ENGAGED IN A PHONE
CONVERSATION
WITH
ALEXIS
PENATE
WHEREIN
EUGENE O’REILLY ASKED ALEXIS PENATE FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 3, 2010 A TEXT MESSAGE WAS SENT FROM ADAM FRIDSON’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN ADAM FRIDSON ASKED CHRISTOPHER MANZI TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM CHRISTOPHER MANZI’S CELL PHONE TO ADAM FRIDSON’S CELL PHONE WHEREIN CHRISTOPHER MANZI AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO CHRISTOPHER MANZI’S CELL
PHONE
WHEREIN
EUGENE
O’REILLY
AGREED
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 6. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO CHRISTOPHER MANZI’S CELL PHONE WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT JUNE 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS
OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN
STEPHANIE FIDANZA GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 22, 2010, A TEXT MESSAGE WAS SENT FROM STEPHANIE FIDANZA’S CELL PHONE TO CHRISTOPHER MANZI’S CELL
PHONE
WHEREIN
STEPHANIE
FIDANZA
GAVE
CHRISTOPHER MANZI SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EDWARD SMYTH WHEREIN CHRISTOPHER MANZI ASKED, AND EDWARD SMYTH AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN CHRISTOPHER
MANZI
ASKED
STEPHANIE
FIDANZA
FOR
SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EDWARD SMYTH WHEREIN EDWARD
SMYTH
GAVE
CHRISTOPHER
MANZI
ANOTHER
OFFICER’S INFORMATION. 6. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN CHRISTOPHER MANZI ASKED, AND ADAM FRIDSON AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 7. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH ADAM FRIDSON WHEREIN CHRISTOPHER INFORMATION.
MANZI
GAVE
ADAM
FRIDSON
SUMMONS
8. ON OR ABOUT JUNE 23, 2010, ADAM FRIDSON CAUSED SAID INSTRUMENTS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED,
PREVENTING
THEIR
LAWFUL
DISPOSITION. 9. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH STEPHANIE FIDANZA WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JUNE 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 21, 2010, EUGENE O’REILLY ENGAGED IN A PHONE CONVERSATION WITH FRANK DIAZ WHEREIN FRANK DIAZ
ASKED,
AND
CHRISTOPHER
MANZI
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH FRANK DIAZ WHEREIN FRANK
DIAZ
ASKED,
AND
CHRISTOPHER
MANZI
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI ASKED, AND EUGENE O’REILLY AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 22, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN CHRISTOPHER MANZI GAVE EUGENE O’REILLY SUMMONS INFORMATION. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 21, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 7, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BRIAN BLAZER WHEREIN BRIAN BLAZER GAVE CHRISTOPHER MANZI SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH BRIAN BLAZER WHEREIN
CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 7, 2010 AND MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS
OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONESS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 15, 2010 AND APRIL 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PAUL SULZBACH WHEREIN PAUL
SULZBACH
INFORMATION.
GAVE
CHRISTOPHER
MANZI
SUMMONS
2. ON OR ABOUT APRIL 23, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH JOSEPH GELARDI WHEREIN CHRISTOPHER MANZI ASKED, AND JOSEPH GELARDI AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH CRAIG PEREIRA WHEREIN CHRISTOPHER MANZI ASKED, AND CRAIG PEREIRA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT APRIL 24, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH PAUL SULZBACH WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 23, 2010 AND APRIL 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONESS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 7, 2010 AND APRIL 8, 2010, IN THE COUNTY OF THE
BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MAY 5, 2010 AND SEPTEMBER 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE
BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING
THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 29, 2010 AND OCTOBER 7, 2010, IN THE COUNTY OF
THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
CRIME,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DANIEL MALONE WHEREIN CHRISTOPHER
MANZI
GAVE
DANIEL
MALONE
SUMMONS
INFORMATION. 2. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH DANIEL MALONE WHEREIN DANIEL MALONE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT APRIL 21, 2010, CHRISTOPHER MANZI ENGAGED IN A PHONE CONVERSATION WITH LISSETTE SANCHEZ WHEREIN CHRISTOPHER MANZI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT APRIL 21, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN APRIL 13, 2010 AND APRIL 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER MANZI, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER MANZI, ON OR ABOUT AND BETWEEN MARCH 30, 2010 AND APRIL 26, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
CHRISTOPHER MANZI
IBNA
INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 21 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 29 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 29 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 29 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 21 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 22 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 7 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST BRIAN MCGUCKIN DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS FORGERY IN THE SECOND DEGREE, PENAL LAW §170.10(3) – 2 COUNTS CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, PENAL LAW §170.25 – 2 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 25 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 31 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 31 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 31 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 3 COUNTS
S PANEL, 3RD TERM SEPTEMBER 28, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FELICIANO ORTIZ WHEREIN FELICIANO
ORTIZ
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 17, 2010, A TEXT MESSAGE WAS SENT FROM FELICIANO ORTIZ’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN FELICIANO ORTIZ GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN BRIAN MCGUCKIN ASKED, AND CHRISTOPHER SCOTT AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT, WHEREIN BRIAN MCGUCKIN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN KEVIN
MENDEZ
CAUSED
SAID
INSTRUMENT
TO
BE
INTERCEPTED, PREVENTING ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FELICIANO ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 17, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO LINDA MOORER’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED LINDA MOORER FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 2. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM LINDA MOORER’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN LINDA MOORER GAVE BRIAN MCGUCKIN AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN ASKED, AND MICHAEL HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN BRIAN MCGUCKIN GAVE MICHAEL HERNANDEZ SUMMONS INFORMATION. 5. ON OR ABOUT MAY 19, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL HERNANDEZ’S CELL PHONE TO ANNETTE GASPERI’S
CELL PHONE WHEREIN MICHAEL HERNANDEZ GAVE ANNETTE GASPERI SUMMONS INFORMATION. 6. ON OR ABOUT MAY 19, 2010, ANNETTE GASPERI CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 7. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL HERNANDEZ WHEREIN MICHAEL HERNANDEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 4, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH RANDY CHANCEY WHEREIN RANDY
CHANCEY
INFORMATION.
GAVE
BRIAN
MCGUCKIN
SUMMONS
2. ON OR ABOUT JUNE 4, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON
WILLIE
QUINONES’S
VOICEMAIL
WHEREIN
BRIAN
MCGUCKIN GAVE WILLIE QUINONES SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 7, 2010, WILLIE QUINONES CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH WILLIE QUINONES WHEREIN WILLIE QUINONES CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO RANDY CHANCEY’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 4, 2010 AND JUNE 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED
ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF
INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM JANETTE COLON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN JANETTE COLON ASKED BRIAN MCGUCKIN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JANETTE COLON’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED JANETTE COLON FOR SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 9, 2010, A TEXT MESSAGE WAS SENT FROM JANETTE COLON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN JANETTE COLON GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN BRIAN MCGUCKIN ASKED, AND JAMES LISA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JUNE 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN BRIAN MCGUCKIN GAVE JAMES LISA SUMMONS INFORMATION. 6. ON OR ABOUT JUNE 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES LISA WHEREIN JAMES LISA CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 9, 2010 AND JUNE 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE JUAN WHEREIN JON DOE JUAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN
MCGUCKIN
ASKED,
AND
DIANE
ROHMAN
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN
GAVE
BRIAN
MCGUCKIN
ANOTHER
OFFICER’S
CONTACT INFORMATION. 4. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN BRIAN MCGUCKIN ASKED, AND VICTOR HERNANDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 5. ON OR ABOUT JULY 6, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VICTOR HERNANDEZ WHEREIN BRIAN MCGUCKIN GAVE VICTOR HERNANDEZ SUMMONS INFORMATION. 6. ON OR ABOUT JULY 7, 2010, VICTOR HERNANDEZ LEFT A MESSAGE ON BRIAN MCGUCKIN’S VOICEMAIL WHEREIN VICTOR HERNANDEZ
CONFIRMED
THAT
SAID
SUMMONS
WAS
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT JULY 9, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON JON DOE JUAN’S VOICEMAIL WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT
STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL GMELCH WHEREIN MICHAEL
GMELCH
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN LEFT A MESSAGE ON DIANE ROHMAN’S VOICEMAIL WHEREIN BRIAN MCGUCKIN ASKED DIANE ROHMAN TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 30, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN
AGREED
TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 31, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN ASKED FOR, AND BRIAN MCGUCKIN GAVE, SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM DIANE ROHMAN’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN DIANE ROHMAN CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO MICHAEL GMELCH’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 30, 2010 AND JUNE 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH EUGENE O’REILLY WHEREIN BRIAN
MCGUCKIN
GAVE
EUGENE
O’REILLY
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, EUGENE O’REILLY ENGAGED IN A PHONE
CONVERSATION
WHEREIN DANIELLO
EUGENE AGREED,
WITH
O’REILLY TO
CHRISTOPHER
ASKED,
INTERFERE
AND WITH
DANIELLO
CHRISTOPHER THE
LAWFUL
DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM EUGENE O’REILLY’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN EUGENE O’REILLY CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED
ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DENNIS AZAMBUJA WHEREIN DENNIS
AZAMBUJA
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN BRIAN MCGUCKIN
ASKED,
AND
JASON
CENIZAL
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 2, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN BRIAN MCGUCKIN GAVE JASON CENIZAL SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM JASON CENIZAL’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN JASON CENIZAL CONFIRMED THAT SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 3, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO DENNIS AZAMBUJA’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN BRIAN MCGUCKIN GAVE HAROLD THOMPSON SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 14, 2010, A TEXT MESSAGE WAS SENT FROM HAROLD THOMPSON’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN HAROLD THOMPSON CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 14, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION.
FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS
UNAUTHORIZED,
BY
CAUSING
A
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE
LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PAT RYAN WHEREIN PAT RYAN ASKED, AND BRIAN MCGUCKIN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 2. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PAT RYAN WHEREIN PAT RYAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN
ASKED,
AND
KEITH
ORVIETO
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 3, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN GAVE KEITH ORVIETO SUMMONS INFORMATION. 5. ON OR ABOUT JUNE 3, 2010, KEITH ORVIETO CAUSED SAID INSTRUMENT
TO
OTHERWISE
CONCEALED,
DISPOSITION.
BE
INTERCEPTED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK TORRELLAS WHEREIN FRANK
TORRELLAS
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 7, 2010, A TEXT MESSAGE WAS SENT FROM FRANK TORRELLAS’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN FRANK TORRELLAS GAVE BRIAN MCGUCKIN AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK TORRELLAS WHEREIN BRIAN MCGUCKIN CONFIRMED HIS AGREEMENT WITH FRANK TORRELLAS TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 10, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FRANK TORRELLAS’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK
STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 16, 2010, A TEXT MESSAGE WAS SENT FROM BRETT ORTIZ’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN BRETT ORTIZ GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 16, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO BRETT ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN ASKED BRETT ORTIZ FOR ADDITIONAL SUMMONS INFORMATION. 3. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN ASKED, AND CHRIS TENORE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 4. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE SUMMONS INFORMATION.
5. ON OR ABOUT MAY 16, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 6. ON OR ABOUT MAY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN CHRIS TENORE
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 16, 2010 AND MAY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE JACK WHEREIN JON DOE JACK GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH POLICE OFFICER LAZIK WHEREIN BRIAN
MCGUCKIN
ASKED
IDENTIFICATION INFORMATION.
FOR
ANOTHER
OFFICER’S
3. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN MCGUCKIN
ASKED,
AND
DIANE
ROHMAN
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN BRIAN MCGUCKIN GAVE DIANE ROHMAN SUMMONS INFORMATION. 5. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN, WHEREIN DIANE ROHMAN
ASKED
FOR,
AND
BRIAN
MCGUCKIN
GAVE,
ADDITIONAL SUMMONS INFORMATION. 6. ON OR ABOUT MAY 28, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DIANE ROHMAN WHEREIN DIANE ROHMAN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 7. ON OR ABOUT MAY 28, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JON DOE JACK’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT MAY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER
PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING
OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CLAUDIA MERA WHEREIN BRIAN MCGUCKIN ASKED CLAUDIA MERA FOR AN ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 2. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN ASKED, AND CHRIS TENORE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 3. ON OR ABOUT JUNE 7, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRIS TENORE SUMMONS INFORMATION. 4. ON OR ABOUT JUNE 10, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRIS TENORE WHEREIN CHRIS TENORE
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 10, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JON DOE MACE’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 7, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 17, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT AND OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND
JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION . EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 14, 2010, A TEXT MESSAGE WAS SENT FROM RAFAEL URENA’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN RAFAEL URENA GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 15, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN ASKED, AND VIRGILIO BENCOSME AGREED, TO INSTRUCT ANOTHER OFFICER TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 15, 2010, VIRGILIO BENCOSME LEFT A MESSAGE ON JUAN LUCIO’S VOICE MAIL WHEREIN VIRGILIO BENCOSME ASKED JUAN LUCIO TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS.
4. ON OR ABOUT JUNE 15, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH LINDA MOORER WHEREIN BRIAN MCGUCKIN
GAVE
LINDA
MOORER
AN
ISSUING
POLICE
OFFICER’S IDENTIFICATION INFORMATION. 5. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO RAFAEL URENA’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH VIRGILIO BENCOSME WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 14, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED
AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 8, 2010, EUGENE O’REILLY ENGAGED IN A PHONE CONVERSATION WITH BRIAN MCGUCKIN WHEREIN EUGENE
O’REILLY
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ELIZABETH ALMONTE WHEREIN
BRIAN MCGUCKIN ASKED, AND ELIZABETH ALMONTE AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN ASKED, AND JOSE GORDIAN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 8, 2010 A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO EUGENE O’REILLY’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE
BRONX,
DID
STEAL
PUBLIC
RECORDS,
WRITINGS
OR
INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER
TO
INSTRUMENTS.
PREVENT
THE
LAWFUL
DISPOSITION
OF
SAID
ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE
DEPARTMENT
INFORMATIONS
TO
OF BE
MOTOR
INTERCEPTED,
VEHICLES
SIMPLIFIED
DESTROYED
AND/OR
OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH WILLIAMS ROSARIO WHEREIN WILLIAMS
ROSARIO
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DONALD PIRONE WHEREIN
DONALD PIRONE CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. 3. ON OR ABOUT JUNE 1, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO WILLIAMS ROSARIO’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONSES WERE INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JUNE 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE
DEPARTMENT
INFORMATIONS
IN
A
OF
MOTOR
MANNER
VEHICLES
PREVENTING
SIMPLIFIED
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 18, 2010, JON DOE EDDIE LEFT A MESSAGE ON BRIAN MCGUCKIN’S VOICE MAIL WHEREIN JON DOE EDDIE ASKED BRIAN MCGUCKIN TO INTERFERE WITH THE LAWFUL DISPOSITION OF SUMMONSES. 2. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE EDDIE WHEREIN JON DOE EDDIE GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 3. ON OR ABOUT JULY 18, 2010 BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN BRIAN MCGUCKIN ASKED, AND PATRICK MCGOVERN AGREED, TO
INTERFERE
WITH
THE
LAWFUL
DISPOSITION
OF
SUMMONSES, AND WHEREIN BRIAN MCGUCKIN GAVE PATRICK MCGOVERN SUMMONS INFORMATION.
4. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK MCGOVERN WHEREIN PATRICK MCGOVERN CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. 5. ON OR ABOUT JULY 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JON DOE EDDIE WHEREIN BRIAN MCGUCKIN
CONFIRMED
THAT
SAID
SUMMONSES
WERE
INTERFERED WITH TO PREVENT THEIR LAWFUL DISPOSITION. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL CITY OF NEW YORK NOTICE OF PARKING VIOLATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO DISPOSITION OF SAID INSTRUMENT.
PREVENT THE LAWFUL
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 23, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAMES WHEELER WHEREIN JAMES WHEELER GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 24, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JUAN LUCIO WHEREIN BRIAN
MCGUCKIN ASKED, AND JUAN LUCIO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 24, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JUAN LUCIO WHEREIN BRIAN MCGUCKIN GAVE JUAN LUCIO SUMMONS INFORMATION. 4. ON OR ABOUT MAY 24, 2010, JUAN LUCIO CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 5. ON OR ABOUT MAY 24, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JAMES WHEELER’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 23, 2010 AND MAY 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A
MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS
OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 4, 2010, A TEXT MESSAGE WAS SENT FROM DAVID LUGO’S CELL PHONE TO VIRGILIO BENCOSME’S CELL
PHONE WHEREIN DAVID LUGO GAVE VIRGILIO BENCOSME SUMMONS INFORMATION. 2. ON OR ABOUT JULY 4, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DAVID LUGO WHEREIN BRIAN MCGUCKIN ASKED DAVID LUGO FOR SUMMONS INFORMATION. 3. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
WITH
ROBERT
MCGEE
WHEREIN
VIRGILIO BENCOSME ASKED, AND ROBERT MCGEE AGREED, INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JULY 5, 2010, VIRGILIO BENCOSME ENGAGED IN A PHONE
CONVERSATION
VIRGILIO
BENCOSME
WITH GAVE
ROBERT ROBERT
MCGEE MCGEE
WHEREIN SUMMONS
INFORMATION. 5. ON OR ABOUT JULY 5, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO FELIPE ORTIZ’S CELL PHONE WHEREIN VIRGILIO BENCOSME CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JULY 7, 2010, A TEXT MESSAGE WAS SENT FROM ROBERT MCGEE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN ROBERT MCGEE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 4, 2010 AND JULY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF FORGERY IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING TO DEFRAUD, DECEIVE, OR INJURE, FALSELY MADE, COMPLETED OR ALTERED A WRITTEN INSTRUMENT WHICH PURPORTED TO BE, OR WAS CALCULATED TO BECOME OR TO REPRESENT IF COMPLETED, A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC
OFFICE,
PUBLIC
SERVANT
OR
GOVERNMENTAL
INSTRUMENTALITY, SAID WRITTEN INSTRUMENT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT IT WAS FORGED AND INTENDING TO DEFRAUD, DECEIVE, OR INJURE ANOTHER, UTTERED OR POSSESSED A FORGED INSTRUMENT OF THE KIND SPECIFIED IN SECTION 170.10, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION, WHICH IS A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF
INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE ALTERED IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO ALTER SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY WYATT WHEREIN
ANTHONY WYATT ASKED, AND BRIAN MCGUCKIN AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS, AND WHEREIN ANTHONY WYATT GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT MAY 14, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANKIE ORTIZ WHEREIN BRIAN MCGUCKIN
ASKED,
AND
FRANKIE
ORTIZ
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 17, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO ANTHONY WYATT’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 14, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ALTER A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING
THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY
DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH ANTHONY FARINO WHEREIN ANTHONY
FARINO
INFORMATION.
GAVE
BRIAN
MCGUCKIN
SUMMONS
2. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH SEAN GEZURIAN WHEREIN BRIAN MCGUCKIN
ASKED,
AND
SEAN
GEZURIAN
AGREED,
TO
INTERFERE WITH THE DISPOSITION OF A LAWFUL SUMMONS, AND WHEREIN BRIAN MCGUCKIN GAVE SEAN GEZURIAN SUMMONS INFORMATION. 3. ON JULY 15, 2010, A TEXT MESSAGE WAS SENT FROM SEAN GEZURIAN’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE CONFIRMING THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MICHAEL DONATO WHEREIN BRIAN
MCGUCKIN
INFORMATION.
GAVE
MICHAEL
DONATO
SUMMONS
2. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN ASKED JOSE GORDIAN FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 3. ON OR ABOUT JULY 12, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JOSE GORDIAN WHEREIN BRIAN MCGUCKIN AGAIN ASKED JOSE GORDIAN FOR THE ISSUING POLICE OFFICER’S IDENTIFICATION INFORMATION. 4. ON OR ABOUT JULY 12, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO MICHAEL DONATO’S CELL PHONE WHEREIN BRIAN MCGUCKIN GAVE MICHAEL DONATO SUMMONS INFORMATION. 5. ON OR ABOUT JULY 13, 2010, A TEXT MESSAGE WAS SENT FROM MICHAEL DONATO’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN MICHAEL DONATO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 12, 2010 AND JULY 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER
PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT APRIL 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH MARK CALANDRA WHEREIN MARK
CALANDRA
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH GREG MANNING WHEREIN BRIAN MCGUCKIN ASKED GREG MANNING FOR ANOTHER OFFICER’S CONTACT INFORMATION. 3. ON OR ABOUT JUNE 22, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK BELLOTTI WHEREIN BRIAN
MCGUCKIN
GAVE
FRANK
BELLOTTI
SUMMONS
INFORMATION. 4. ON OR ABOUT JUNE 22, 2010, A TEXT MESSAGE WAS SENT FROM GREG MANNING’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN ANOTHER OFFICER’S CONTACT INFORMATION WAS CONVEYED. 5. ON OR ABOUT JUNE 24, 2010, A TEXT MESSAGE WAS SENT FROM FRANK BELLOTTI’S CELL PHONE TO BRIAN MCGUCKIN’S CELL
PHONE WHEREIN FRANK BELLOTTI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 6. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FRANK BELLOTTI WHEREIN FRANK BELLOTTI CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JUNE 22, 2010 AND JULY 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF FORGERY IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING TO DEFRAUD, DECEIVE, OR INJURE, FALSELY MADE, COMPLETED OR ALTERED A WRITTEN INSTRUMENT WHICH PURPORTED TO BE, OR WAS CALCULATED TO BECOME OR TO REPRESENT IF COMPLETED, A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY, SAID WRITTEN INSTRUMENT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, KNOWING THAT IT WAS FORGED AND INTENDING TO DEFRAUD, DECEIVE, OR INJURE ANOTHER, UTTERED OR POSSESSED A FORGED INSTRUMENT OF THE KIND SPECIFIED IN SECTION 170.10, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION, WHICH IS A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY.
ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO
BE
ALTERED
IN
A
MANNER
PREVENTING
THE
LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE TO BE ALTERED IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF
MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO ALTER SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY, AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON ALLISON WHEREIN JASON ALLISON GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH KEITH ORVIETO WHEREIN BRIAN MCGUCKIN
ASKED,
AND
KEITH
ORVIETO
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT AUGUST 9, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JASON ALLISON WHEREIN BRIAN MCGUCKIN
ASKED,
AND
JASON
ALLISON
AGREED,
TO
INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ALTER A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONIES OF FORGERY IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE VIOLATION OF CRIMINAL SOLICITATION IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AUGUST 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A CRIME, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE CRIMES OF OFFICIAL MISCONDUCT
AND
OBSTRUCTION
OF
GOVERNMENTAL
ADMINISTRATION IN THE SECOND DEGREE. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW
YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH JAIME PAYAN WHEREIN JAIME PAYAN GAVE BRIAN MCGUCKIN SUMMONS INFORMATION. 2. ON OR ABOUT JULY 1, 2010, BRIAN MCGUCKIN CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 3. ON OR ABOUT JULY 2, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO JAIME PAYAN’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE
CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 2, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT
SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH PATRICK O’HARE WHEREIN BRIAN MCGUCKIN GAVE PATRICK O’HARE SUMMONS INFORMATION. 2. ON OR ABOUT JULY 8, 2010, A TEXT MESSAGE WAS SENT FROM PATRICK O’HARE’S CELL PHONE TO BRIAN MCGUCKIN’S CELL PHONE WHEREIN PATRICK O’HARE CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JULY 8, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH DETECTIVE MINA WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT JULY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED,
REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE
BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATIONS OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT
ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 19, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER TENORE WHEREIN BRIAN MCGUCKIN GAVE CHRISTOPHER TENORE SUMMONS INFORMATION. 2. ON OR ABOUT MAY 20, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER TENORE WHEREIN CHRISTOPHER TENORE CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, BRIAN MCGUCKIN, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, BRIAN MCGUCKIN, ON OR ABOUT AND BETWEEN MAY 19, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
BRIAN MCGUCKIN
IBNA
INDICTMENT CHARGES FORGERY IN THE SECOND DEGREE, PENAL LAW §170.10(3) – 2 COUNTS CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE, PENAL LAW §170.25 – 2 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW §155.30(2) – 25 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(1) – 31 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 31 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, PENAL LAW §195.05 – 31 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 28 COUNTS CRIMINAL SOLICITATION IN THE FIFTH DEGREE, PENAL LAW §100.00 – 3 COUNTS SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS: COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST JOSE RAMOS, DEFENDANT, IBNA WANDA ABREU, DEFENDANT, IBNA URIEL LOPEZ, DEFENDANT, IBNA _____________________________________________ INDICTMENT # GRAND JURY # 46471/2008 COUNTS FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE PENAL LAW § 175.10 – TWO COUNTS FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE PENAL LAW § 175.05(1) – TWO COUNTS GRAND LARCENY IN THE THIRD DEGREE PENAL LAW § 155.35 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PENAL LAW § 240.50(3)(C)
S PANEL, 3RDTERM SEPTEMBER 20, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT SEPTEMBER 24, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD AND WITH INTENT TO COMMIT ANOTHER CRIME OR TO AID OR CONCEAL THE COMMISSION THEREOF, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING THE NEW YORK CITY POLICE DEPARTMENT. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE
DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT SEPTEMBER 24, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING THE NEW YORK CITY POLICE DEPARTMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 26, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD AND WITH INTENT TO COMMIT ANOTHER CRIME OR TO AID OR CONCEAL THE COMMISSION THEREOF, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING GEICO.
FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 26, 2009, IN THE COUNTY OF THE BRONX, WITH INTENT TO DEFRAUD, DID MAKE OR CAUSE A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, THAT BEING GEICO. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF GRAND LARCENY IN THE THIRD DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT AND BETWEEN SEPTEMBER 24, 2009, AND SEPTEMBER 30, 2009, IN THE COUNTY OF THE BRONX, DID STEAL PROPERTY HAVING A VALUE IN EXCESS OF THREE THOUSAND DOLLARS, THAT BEING UNITED STATES CURRENCY OWNED BY GEICO. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES DEFENDANTS JOSE RAMOS, WANDA ABREU AND URIEL LOPEZ OF THE CRIME OF FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANTS, SEPTEMBER 24, 2009, IN REPORTED, CONVEYED OR
ACTING IN CONCERT WITH ONE ANOTHER, ON OR ABOUT THE COUNTY OF THE BRONX, KNOWING THE INFORMATION CIRCULATED TO BE FALSE OR BASELESS, DID GRATUITOUSLY REPORT TO A LAW ENFORCEMENT OFFICER OR AGENCY FALSE INFORMATION RELATING TO AN ACTUAL INCIDENT OR TO THE ALLEGED IMPLICATION OF SOME PERSON THEREIN.
ROBERT T. JOHNSON DISTRICT ATTORNEY
GRAND JURY REPORT BRONX COUNTY INDICTMENT #
GRAND JURY # 46471/2008
FINDING: INDICTED
DEFENDANTS
DOCKET
JOSE RAMOS WANDA ABREU URIEL LOPEZ
I.B.N.A. I.B.N.A. I.B.N.A.
INDICTMENT CHARGES FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE PENAL LAW § 175.10 – COUNTS 1 & 3 FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE PENAL LAW § 175.05(1) –COUNTS 2 & 4 GRAND LARCENY IN THE THIRD DEGREE PENAL LAW § 155.35 – COUNT 5 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE PENAL LAW § 240.50(3)(C) – COUNT 6 SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 COMPLETED SEPTEMBER 27, 2011 A.D.A. OMER WICZYK RACKETS BUREAU
INDICTMENT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ PEOPLE OF THE STATE OF NEW YORK AGAINST CHRISTOPHER SCOTT DEFENDANT, DOCKET #: IBNA _____________________________________________ INDICTMENT #: GRAND JURY #: 46471/2008 COUNTS GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 26 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 37 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 37 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW §195.05 – 37 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 26 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 34 COUNTS
S PANEL, 3RD TERM SEPTEMBER 30, 2011 A TRUE BILL ROBERT T. JOHNSON DISTRICT ATTORNEY _______________________ FOREPERSON
FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE
CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH FELICIANO ORTIZ WHEREIN FELICIANO
ORTIZ
GAVE
BRIAN
MCGUCKIN
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 17, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN
BRIAN MCGUCKIN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 3. ON OR ABOUT JUNE 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN CHRISTOPHER SCOTT ASKED, KEVIN MENDEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 4. ON OR ABOUT JUNE 18, 2010, BRIAN MCGUCKIN ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER SCOTT WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT JUNE 18, 2010, A TEXT MESSAGE WAS SENT FROM BRIAN MCGUCKIN’S CELL PHONE TO FELICIANO ORTIZ’S CELL PHONE WHEREIN BRIAN MCGUCKIN CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 16, 2010 AND JUNE 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE
CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL
FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO CHRISTOPHER SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010 CHRISTOPHER SCOTT AND VIRGILIO BENCOSME ENGAGED IN A PHONE CONVERSATION WHEREIN CHRISTOPHER SCOTT CONFIRMED TO VIRGILIO BENCOSME THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM
VIRGILIO
CASTRO’S
CELL
BENCOSME’S PHONE
CELL
WHEREIN
PHONE VIRGILIO
TO
STEFFIE
BENCOSME
CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 13, 2010 AND JANAURY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JAMES MURPHY WHEREIN JAMES MURPHY GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION.
2. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH RICHARD ZAMBRANO WHEREIN CHRISTOPHER SCOTT GAVE RICHARD ZAMBRANO SUMMONS INFORMATION. 3. ON OR ABOUT MAY 4, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
CHRISTOPHER
SCOTT
WITH GAVE
JOSEPH JOSEPH
RAO RAO
WHEREIN SUMMONS
INFORMATION. 4. ON OR ABOUT MAY 4, 2010, JOSEPH RAO LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICEMAIL, WHEREIN JOSEPH RAO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 5. ON OR ABOUT MAY 4, 2010, RICHARD ZAMBRANO LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICEMAIL WHEREIN RICHARD ZAMBRANO CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 4, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO
INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN MENDEZ WHEREIN CHRISTOPHER INFORMATION.
SCOTT
GAVE
KEVIN
MENDEZ
SUMMONS
2. ON OR ABOUT JUNE 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CALL WITH AHMED BADI WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 3, 2010
AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF A NEW YORK CRIMINAL COURT SUMMONS. TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE
ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS, TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 3, 2010 A TEXT MESSAGE WAS SENT FROM CHRISTOPHER SCOTT’S CELL PHONE TO JASON CENIZAL’S CELL PHONE WHEREIN CHRISTOPHER SCOTT GAVE JASON CENIZAL SUMMONS INFORMATION. 2. ON OR ABOUT JULY 8, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JASON CENIZAL WHEREIN JASON CENIZAL CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 3, 2010 AND JULY 8, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE
OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH BRIAN THEOPHILUS WHEREIN CHRISTOPHER SCOTT ASKED FOR, AND BRIAN THEOPHILUS GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN LYNCH WHEREIN CHRISTOPHER SCOTT ASKED, AND KEVIN LYNCH AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON JULY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION
WITH
BRIAN
THEOPHILUS
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT THE SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING
THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY
REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 3, 2010 AND SEPTEMBER 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATIONS
IN
AN
UNTRUTHFUL
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING
VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MATTHEW REY WHEREIN MATTHEW
REY
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MATTHEW REY WHEREIN MATTHEW REY CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW
YORK NOTICE OF PARKING VIOLATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN
UNAUTHORIZED
EXERCISE
OF
HIS
OFFICIAL
FUNCTIONS,
KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT,
DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY
UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT. FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE
DEFENDANT,
CHRISTOPHER
SCOTT,
ON
OR
ABOUT
SEPTEMBER 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING.
FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 20, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JULY 17, 2010, IN THE
COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK CRIMINAL COURT SUMMONS. FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO
PREVENT THE
LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS
IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS, TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR
MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH LORRAINE PEREZ WHEREIN LORRAINE
PEREZ
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MICHAEL TURCHIANO WHEREIN CHRISTOPHER SCOTT GAVE MICHAEL TURCHIANO SUMMONS INFORMATION. 3. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH KEVIN CARNEY WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JULY 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH LORRAINE PEREZ WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JULY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT,
SUCH
ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING
A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR
WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE
PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JAMES
LISA
WHEREIN
CHRISTOPHER SCOTT ASKED FOR, AND JAMES LISA GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT MAY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANTWANE REEVES WHEREIN CHRISTOPHER SCOTT ASKED, AND ANTWANE REEVES AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 19, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JAMES
LISA
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 18, 2010 AND MAY 19, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION.
SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 24, 2010 AND MAY 26, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 24, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JOHN DONATO WHEREIN JOHN DONATO GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT MAY 26, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
DONATO
WHEREIN
CHRISTOPHER SCOTT ASKED JOHN DONATO FOR SUMMONS INFORMATION. 3. ON OR ABOUT MAY 26, 2010 CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JOHN
DONATO
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN MAY 25,
2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE
OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 25, 2010 AND MAY 27, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL
HERRAN
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 27, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 2, 2010 AND JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL HERRAN GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED,
PREVENTING
ITS
LAWFUL
DISPOSITION. 3. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
ANGEL
HERRAN
WHEREIN
CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO
PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JEREMIE MASON WHEREIN JEREMIE
MASON
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
JASON
CENIZAL
WHEREIN
CHRISTOPHER SCOTT ASKED, AND JASON CENIZAL AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 3, 2010, JASON CENIZAL LEFT A MESSAGE ON CHRISTOPHER SCOTT’S VOICE MAIL WHEREIN JASON CENIZAL
CONFIRMED
THAT
SAID
SUMMONS
HAD
BEEN
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 4. ON OR ABOUT JUNE 3, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH JEREMIE MASON WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT JUNE 3, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO
INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR
INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH GREGORY SMITH WHEREIN
CHRISTOPHER SCOTT ASKED FOR, AND GREGORY SMITH GAVE, SUMMONS INFORMATION. 2. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ANGEL HERRAN WHEREIN ANGEL HERRAN
ASKED
FOR,
AND
CHRISTOPHER
SCOTT
GAVE,
SUMMONS INFORMATION. 3. ON OR ABOUT MAY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH GREGORY SMITH WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS HAD BEEN INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 7, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORDS, WRITINGS OR INSTRUMENTS KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS. NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENTS.
NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATIONS
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS. NINETY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENTS,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 23, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARCO VARELA WHEREIN MARCO
VARELA
INFORMATION.
GAVE
CHRISTOPHER
SCOTT
SUMMONS
2. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER
SCOTT
GAVE
CRYSTAL
VELEZ
SUMMONS
INFORMATION. 3. ON OR ABOUT JUNE 24, 2010, CRYSTAL VELEZ CAUSED SAID SUMMONSES
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
THEIR
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 24, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARCO VARELA WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONSES WERE
INTERFERED
WITH
TO
PREVENT
THEIR
LAWFUL
DISPOSITION. NINETY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 23, 2010 AND JUNE 24, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENTS SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDREDTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY
DEPARTMENT OF FINANCE IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 6, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH STEVEN ROHRBACHER WHEREIN CHRISTOPHER SCOTT ASKED FOR, AND STEVEN ROHRBACHER GAVE, SUMMONS INFORMATION.
2. ON OR ABOUT JULY 7, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 9, 2010, CHRISTOPER SCOTT ENGAGED IN A PHONE CONVERSATION WITH STEVEN ROHRBACHER WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 14, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ENID VALENTIN WHEREIN ENID VALENTIN
GAVE
INFORMATION.
CHRISTOPHER
SCOTT
SUMMONS
2. ON OR ABOUT JULY 15, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CHRISTOPHER FOX WHEREIN CHRISTOPHER SCOTT GAVE CHRISTOPHER FOX SUMMONS INFORMATION. 3. ON OR ABOUT JULY 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH ENID VALENTIN WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED ELEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 14, 2010 AND JULY 16, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWELFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED FOURTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
SIMPLIFIED
INFORMATION
TO
BE
INTERCEPTED,
DESTROYED
AND/OR
OTHERWISE
CONCEALED
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: (1)
ON OR ABOUT JULY 17, 2010 CHRIS SCOTT ENGAGED IN A PHONE
CONVERSATION WITH KENNETH RINALDI WHEREIN CHRIS SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION.
(2)
ON OR ABOUT JULY 17, 2010 CHRISTOPHER SCOTT CAUSED SAID
INSTRUMENT TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED, PREVENTING ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 16, 2010 AND JULY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A
PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION. ONE HUNDRED NINETEENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK NOTICE OF PARKING VIOLATION NOT TO BE FILED WITH THE NEW YORK CITY DEPARTMENT OF FINANCE IN ORDER TO
PREVENT THE LAWFUL
DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED TWENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK NOTICE OF PARKING VIOLATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK NOTICE OF PARKING VIOLATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT,
DESTROY
AND/OR
OTHERWISE
CONCEAL
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JULY 20, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN HAROLD THOMPSON GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JULY 21, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JULY 23, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HAROLD THOMPSON WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED TWENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 20, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK NOTICE OF PARKING VIOLATION IN A MANNER
PREVENTING
THE
LAWFUL
DISPOSITION
OF
SAID
INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED TWENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, DID STEAL PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING CITY OF NEW YORK CRIMINAL COURT SUMMONS.
ONE HUNDRED TWENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A CITY OF NEW YORK CRIMINAL COURT SUMMONS NOT TO BE FILED WITH THE CITY OF NEW YORK CRIMINAL COURT IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED TWENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE
BRONX,
PERVERTED
INTENTIONALLY THE
OBSTRUCTED,
ADMINISTRATION
OF
IMPAIRED,
LAW
OR
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A CITY OF NEW YORK CRIMINAL COURT SUMMONS TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED TWENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT
DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A CITY OF NEW YORK CRIMINAL COURT SUMMONS BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT FEBRUARY 28, 2010, CHRIS SCOTT ENGAGED IN A PHONE CONVERSATION WITH MIKE FREEMAN WHEREIN MIKE FREEMAN GAVE CHRIS SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT MARCH 1, 2010, CHRIS SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRIS SCOTT GAVE CRYSTAL VELEZ SUMMONS INFORMATION. ONE HUNDRED TWENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN FEBRUARY 28, 2010 AND MARCH 1, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY
AND/OR OTHERWISE CONCEAL A CITY OF NEW YORK CRIMINAL COURT SUMMONS IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION
NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT APRIL 13, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH DOROTHY MELLONE WHEREIN
CHRISTOPHER
SCOTT
ASKED
DOROTHY
MELLONE
FOR
SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 13, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH CRYSTAL VELEZ WHEREIN CHRISTOPHER SCOTT ASKED, AND CRYSTAL VELEZ AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. ONE HUNDRED THIRTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT APRIL 13, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED,
COMMANDED,
IMPORTUNED
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED THIRTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED THIRTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN
ACT
RELATING
TO
HIS
OFFICE
BUT
CONSTITUTING
AN
UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED THIRTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO
WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED THIRTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT MAY 5, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH AN UNKNOWN MALE PAULIE WHEREIN
PAULIE
GAVE
CHRISTOPHER
SCOTT
SUMMONS
INFORMATION. 2. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE
CONVERSATION
WITH
MARC
BARRERA
WHEREIN
CHRISTOPHER SCOTT ASKED, AND MARC BARRERA AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT MAY 5, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH AN UNKNOWN MALE PAULIE WHEREIN
CHRISTOPHER
SCOTT
CONFIRMED
THAT
SAID
SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR MAY 5, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR
DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED FORTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FORTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FORTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE
BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT,
DESTROY
INSTRUMENT,
SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH HARRY THOMPSON WHEREIN HARRY THOMPSON GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARC BARRERA WHEREIN MARC BARRERA AGREED TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT CAUSED SAID INSTRUMENT
TO
BE
INTERCEPTED,
OTHERWISE
CONCEALED,
DESTROYED
PREVENTING
ITS
AND/OR LAWFUL
DISPOSITION. 4. ON OR ABOUT JUNE 25, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH MARC BARRERA WHEREIN IT
WAS CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED FORTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 24, 2010 AND JUNE 25, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED FORTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT
RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FORTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN SEPTEMBER 13, 2010 AND SEPTEMBER 15, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE
IN
REQUESTED,
CONDUCT
CONSTITUTING
COMMANDED,
A
IMPORTUNED
FELONY,
SOLICITED,
OR
OTHERWISE
ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATIONS
IN
AN
UNTRUTHFUL
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE.
ONE HUNDRED FIFTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED FIFTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED FIFTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN OCTOBER 18, 2010 AND OCTOBER 29, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS,
SUCH
ACTION
CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED FIFTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED FIFTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED FIFTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY
OBSTRUCTED,
IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL
FORCE
OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF SUMMONSES AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS.
ONE HUNDRED FIFTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 3, 2010 AND JUNE 10, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR
A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 8, 2010 AND JULY 23, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED SIXTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SIXTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SIXTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR
TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED SIXTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SIXTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS
OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC
SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY:
1. ON OR ABOUT APRIL 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM MCDONALD WHEREIN WILLIAM MCDONALD GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT APRIL 16, 2010, CHRISTOPHER SCOTT ENGAGED IN A
PHONE
CONVERSATION
WITH
JOSE
GENAO
WHEREIN
CHRISTOPHER SCOTT ASKED, AND JOSE GENAO AGREED, TO INTERFERE WITH THE LAWFUL DISPOSITION OF A SUMMONS. 3. ON OR ABOUT APRIL 17, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM MCDONALD WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED SEVENTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN APRIL 16, 2010 AND APRIL 17, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL
DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED SEVENTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH OTHER INDIVIDUALS, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED SEVENTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED SEVENTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE CAUSED OR ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION TO BE INTERCEPTED, DESTROYED AND/OR OTHERWISE CONCEALED IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED SEVENTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED
INFORMATION
BY
AGREEING
WITH
ANOTHER
INDIVIDUAL THAT STEPS WOULD BE TAKEN TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL SAID INSTRUMENT, SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT JANUARY 15, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILLIO BENSOCME’S CELL PHONE TO CHRISTOPHER
SCOTT’S CELL PHONE WHEREIN VIRGILIO BENCOSME GAVE CHRISTOPHER SCOTT SUMMONS INFORMATION. 2. ON OR ABOUT JANUARY 18, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH VIRGILLIO BENCOSME WHEREIN CHRISTOPHER SCOTT CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT JANUARY 18, 2010, A TEXT MESSAGE WAS SENT FROM VIRGILIO BENCOSME’S CELL PHONE TO TELEPHONE INSTRUMENT BENCOSME
NUMBER
(718)
CONFIRMED
600-0783
THAT
WHEREIN
SAID
VIRGILIO
SUMMONS
WAS
INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION ONE HUNDRED SEVENTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 18, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES
SIMPLIFIED
INFORMATION
IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH
ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE. ONE HUNDRED EIGHTIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ACTING IN CONCERT WITH ANOTHER INDIVIDUAL, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, DID STEAL A PUBLIC RECORD, WRITING OR INSTRUMENT KEPT, FILED OR DEPOSITED ACCORDING TO LAW WITH A PUBLIC OFFICE, THAT BEING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION. ONE HUNDRED EIGHTY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY CAUSING A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION NOT TO BE FILED WITH
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO PREVENT THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED EIGHTY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE CAUSED OR
ATTEMPTED TO CAUSE A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES DESTROYED
SIMPLIFIED AND/OR
INFORMATION OTHERWISE
TO
BE
CONCEALED
INTERCEPTED, IN
A
MANNER
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CONSPIRACY IN THE FIFTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, INTENDING THAT CONDUCT CONSTITUTING A FELONY BE PERFORMED, AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH CONDUCT, IN THAT DEFENDANT SOUGHT TO PREVENT THE LAWFUL DISPOSITION OF A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION BY AGREEING WITH ANOTHER INDIVIDUAL THAT STEPS
WOULD
OTHERWISE
BE
TAKEN
CONCEAL
TO
SAID
INTERCEPT, INSTRUMENT,
DESTROY SUCH
AND/OR ACTION
CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE, AND IN THE FURTHERANCE OF THE CONSPIRACY AND IN ORDER TO EFFECT THE OBJECTS THEREOF, THE FOLLOWING OVERT ACTS WERE PERFORMED BY CERTAIN OF THE PARTIES TO THE UNLAWFUL CONSPIRACY: 1. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN
CHRISTOPHER SCOTT GAVE WILLIAM RODRIGUEZ SUMMONS INFORMATION. 2. ON OR ABOUT MAY 11, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN WILLIAM RODRIGUEZ TELLS CHRISTOPHER SCOTT THAT THE SUMMONS WILL BE INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. 3. ON OR ABOUT MAY 12, 2010, CHRISTOPHER SCOTT ENGAGED IN A PHONE CONVERSATION WITH WILLIAM RODRIGUEZ WHEREIN WILLIAM RODRIGUEZ CONFIRMED THAT SAID SUMMONS WAS INTERFERED WITH TO PREVENT ITS LAWFUL DISPOSITION. ONE HUNDRED EIGHTY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN MAY 11, 2010 AND MAY 12, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO INTERCEPT, DESTROY AND/OR OTHERWISE CONCEAL A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATION IN A MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT SUCH ACTION CONSTITUTING THE FELONY OF GRAND LARCENY IN THE FOURTH DEGREE.
ONE HUNDRED EIGHTY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED EIGHTY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER.
ONE HUNDRED EIGHTY-EIGHTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL
FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED EIGHTY-NINTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JUNE 10, 2010 AND JUNE 11, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED,
IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED NINETIETH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED NINETY-FIRST COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS:
THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER
OF
A
BENEFIT,
DID
KNOWINGLY
REFRAIN
FROM
PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINETY-SECOND COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY
OBSTRUCTED,
IMPAIRED,
OR
PERVERTED
THE
ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL
FORCE
OR
INTERFERENCE,
OR
BY
MEANS
OF
AN
INDEPENDENTLY UNLAWFUL ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES TRAFFIC VIOLATIONS BUREAU HEARING, THEREBY PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT.
ONE HUNDRED NINETY-THIRD COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF
THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JULY 6, 2010 AND JULY 9, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT CONSTITUTING A FELONY, SOLICITED, REQUESTED, COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY
TO
BE
GIVEN
REGARDING
NEW
YORK
STATE
DEPARTMENT OF MOTOR VEHICLES SIMPLIFIED INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENTS, SUCH ACTION CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE. ONE HUNDRED NINETY-FOURTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID COMMIT AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL
FUNCTIONS,
KNOWING
THAT
SUCH
ACT
WAS
UNAUTHORIZED, BY ARRANGING FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF
A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, TRAFFIC VIOLATIONS BUREAU, HEARING. ONE HUNDRED NINETY-FIFTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OFFICIAL MISCONDUCT, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, BEING A PUBLIC SERVANT, TO WIT A NEW YORK CITY POLICE OFFICER, AND WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER OF A BENEFIT, DID KNOWINGLY REFRAIN FROM PERFORMING A DUTY WHICH WAS IMPOSED UPON HIM BY LAW OR WAS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE BY NOT REPORTING THE CRIMINAL CONDUCT OF ANOTHER OFFICER. ONE HUNDRED NINETY-SIXTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, INTENTIONALLY OBSTRUCTED, IMPAIRED, OR PERVERTED
THE
ADMINISTRATION
OF
LAW
OR
OTHER
GOVERNMENTAL FUNCTION OR PREVENTED OR ATTEMPTED TO PREVENT A PUBLIC SERVANT FROM PERFORMING AN OFFICIAL FUNCTION, BY MEANS OF INTIMIDATION, PHYSICAL FORCE OR INTERFERENCE, OR BY MEANS OF AN INDEPENDENTLY UNLAWFUL
ACT, IN THAT HE ARRANGED FOR A FELLOW POLICE OFFICER TO HINDER, OBSTRUCT AND/OR PREVENT THE LAWFUL DISPOSITION OF A SUMMONS AT A NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
TRAFFIC
VIOLATIONS
BUREAU
HEARING,
THEREBY
PREVENTING THE LAWFUL DISPOSITION OF SAID INSTRUMENT. ONE HUNDRED NINETY-SEVENTH COUNT THE GRAND JURY OF THE COUNTY OF THE BRONX, BY THIS INDICTMENT, ACCUSES THE DEFENDANT, CHRISTOPHER SCOTT, OF THE CRIME OF CRIMINAL SOLICITATION IN THE FOURTH DEGREE, COMMITTED AS FOLLOWS: THE DEFENDANT, CHRISTOPHER SCOTT, ON OR ABOUT AND BETWEEN JANUARY 14, 2010 AND JANUARY 28, 2010, IN THE COUNTY OF THE BRONX, WITH INTENT THAT ANOTHER PERSON ENGAGE IN CONDUCT
CONSTITUTING
A
FELONY,
SOLICITED,
REQUESTED,
COMMANDED, IMPORTUNED OR OTHERWISE ATTEMPTED TO CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT CONSTITUTING A FELONY, IN THAT DEFENDANT ASKED ANOTHER INDIVIDUAL TO ARRANGE FOR TESTIMONY TO BE GIVEN REGARDING NEW YORK STATE
DEPARTMENT
OF
MOTOR
VEHICLES
SIMPLIFIED
INFORMATIONS IN AN UNTRUTHFUL MANNER PREVENTING THE LAWFUL
DISPOSITION
OF
SAID
INSTRUMENTS,
SUCH
CONSTITUTING THE CRIME OF PERJURY IN THE FIRST DEGREE.
ACTION
GRAND JURY REPORT BRONX COUNTY INDICTMENT #:
GRAND JURY #: 46471/2008
FINDING: INDICTED
DEFENDANT
DOCKET #:
CHRISTOPHER SCOTT
IBNA
INDICTMENT CHARGES GRAND LARCENY IN THE FOURTH DEGREE, PENAL LAW § 155.30(2) – 26 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00 (1) – 37 COUNTS OFFICIAL MISCONDUCT, PENAL LAW §195.00(2) – 37 COUNTS OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION, PENAL LAW '195.05 – 37 COUNTS CONSPIRACY IN THE FIFTH DEGREE, PENAL LAW §105.05 – 26 COUNTS CRIMINAL SOLICITATION IN THE FOURTH DEGREE, PENAL LAW §100.05 – 34 COUNTS
SCHEDULED ARRAIGNMENT DATE: ARRAIGNMENT PART: PART 60 OTHER ASSOCIATED INDICTMENTS:
COMPLETED OCTOBER 25, 2011 A.D.A. STUART LEVY A.D.A. JAMES CUDDEN A.D.A. JONATHAN B. ORTIZ A.D.A. ANN K. LEE RACKETS BUREAU
