Schoolcraft v. The City Of New York et al

Filing 402

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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KEVIN FINNEGAN
robbery?

A.

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Not just violent.

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grand larceny,

5

Could be

no violence involved.

like that.

6

Q.

Grand larceny,

7

A.

Exactly.

8

Q.

This concept of arrests,

Things

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also based on a

grand auto --

number of arrests

that's

that a

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precinct reports for one year in comparison

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with another year;

is that right?

12

A.

That's correct.

13

Q.

And an arrest is essentially an

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accusation by a

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individual has committed a
MR.

16
17

A.

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police officer that a

SHAFFER:

It goes a

crime,

right?

Objection.

l i t t l e further than an

accusation.

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21

Tell me what an arrest is

Q.

Okay.

A.

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Arrest is actually taking

then?

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somebody into custody based on an accusation

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or based on personal observation of a

24

25

Q.

So i t ' s an accusation of a

crime.
crime

and actually taking a person into custody?

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KEVIN FINNEGAN

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A.

That's correct.

3

Q.

And then the issuance of the

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summonses,

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were talking about earlier,

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really the charge of the accusation by an

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officer;

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arrest.

the summons is

is that right?

A.

9

which is another category that we

A summons is different from an
A summons is issued in lieu of

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arrests.

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offense,

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is properly identified they could be issued

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a

14

therefore,

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judge.

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In other words,

i t ' s an arrestable

usually a minor one.

summons instead of being arrested and

Q.

they have to appear before a

But whether or not somebody is

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taken into custody or not,

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arrested or a

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being accused of a

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If the person

A.

when they're

summons is issued,
criminal act,

Both cases,

necessarily criminal.

yes.

they're
right?

Not

Violation.

22

Q.

A crime or a

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A.

That's correct.

24

Q.

As defined by the penal code,

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violation?

right?

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KEVIN FINNEGAN
A.

Well,

the quality of life

3

summonses could be other types also.

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be environmental patrol board summonses,

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noise complaints,

6

Q.

things

Could
for

like that also.

So for purposes of our

7

discussion here,

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summonses and the arrests have within that a

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component of that an accusation either of a

~0

crime or a

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we can agree that the

violation by the individual;

right?

12

A.

That's correct.

13

Q.

In doing these cQmparisons

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between the number of arrests or the number

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of summonses issued by a

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calendar year,

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an assessment about whether or not the

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accusations of these crimes or these

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violations resulted in any kind of

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prosecutions or convictions?

precinct during a

is there any attempt to make

21

A.

I

22

Q.

If somebody's arrested,

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don't understand the question.

just accused of a

crime,

they're

right?

24

A.

That's correct.

25

Q.

They're not found guilty until

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KEVIN FINNEGAN

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there is a

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judicial process of some sort,

right?

4

A.

That's correct.

5

Q.

What I

want to know is,

does the

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result of that arrest or that accusation of

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a

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of the annual performance evaluation of

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commanding officers of precincts?

crime or violation enter into

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MR.

SHAFFER:

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MR.

KRETZ:

the calculus

Objection.
Objection.

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A.

Not to my knowledge.

13

Q.

To your knowledge,

does a

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commanding officer of a

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reputation have a

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officer's performance evaluation?
MR.

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precinct's

bearing on that commanding

SHAFFER:

Objection.

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ahead.

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A.

I

20

Q.

Go

What is CompStat?

have no knowledge of that.

MR.

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SHAFFER:

Objection.

Beyond the scope

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answer the question.

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of the notice.

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the scope of the notice.

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you want to try to focus

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Don't

That's entirely beyond
I

mean,

if

the question a

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