\

Involved Member(s):
Trooper Alfonso I Burke

Case~ Type: Incident Review
Case Nlumber: DCN2020-0077
Finding: Unfounded

Complainant:

Jn,;p. 11 Rev 6110

Personnel Complaint Work Sheet

I

Type: IR
Initiated By:

Iincident Date: 2/7/20
I Detail ~ Troop

Sub Type:

181C

I Case Number

ICTV: F3663

=Citizen OS =NYSP

Incident Time: 4:30
PM
Level of lnvestiaation

1

T

Mode Received l ~EMail
D Fax
I D In Person I D Letter
I O Phone
I D Survey
Synopsis of Complaint: Complainant alleged that he was unlawfully seized by Trooper ALFONSO I.
BURKE by being stopped for a VTL offense that he did not commit. Complainant stated that he was
alarmed that he was seized by Trooper BURKE whom he challenged in court several days before.

Subiect(s) of Complaint
Employee ID #

~

Last Name

First Name

Ml

EOD

Burke

Alfonso

I

6/28/04

Complainant lnfonnation (if Member see below)

--Name

Home Phone- -

Address

City & State

~

- - NY

Work Phone

-

Zip Code

Cell Phone

Member lnfonnation (if comolainanU

Employee ID #

Maiden Name

Rank/Name

TZS

Administrative Notification Information - Dates are reauired - Times are desirable
Receiving Member

-

Employee ID #

Rank/Name

Date

Time

Staff Inspector Mary A. Clark

3/2/20

11 :11 AM

Rank/Name of Member at Troop Notified

Date

Time

Captain Daniel G. Charleson

3/3/20

12:15 PM

Rank/Name of Member Notifying Troop

Date

Time

Troop Notification

Employee ID #

Employee ID #

Division Notification
Employee ID #

Rank/Name of Member at Division (or Duty Officer) Notified

Date

Time

Employee ID #

Rank/Name of Member Reporting Complaint to Division

Date

Time

Rank/Name of Investigating Member

Date

Time

Sergeant/SC Steven F. Casabella

3/4/20

10:30 AM

-

Employee ID #

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you m ay click F1 to invoke H e lp o r c heck th e status b ar on the lower left f or tips on data entry.

PROFESSIONAL STANDARDS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 2020-0077
F3663
REGION: PSB - NRO
Subiect(s): Troooer Alfonso I. Burke
Investigated by: Sgt/Sc Steven F. Casabella
Staff Inspecto1·: Michael W. Lair
SUBJECT HISTORY REVIEWED? Y
AUDIO?
VIDEO?
□
ALLEGATION:
SYNOPSIS:

LEVEL: 1

TYPE: Incident Re.view

Trooo or Detail: T
Date: 7/8/20
ON PROBATION?

0

□

Complainant - attorney- - - alleged that he was unlawfully seized by Trooper ALFONSO I. BURKE by being
stopped for a VTL offense that he did not commit. Complainant stated that he was alarmed that he was seized by Trooper
BURKE whom he challenged in corni several days before.
was interviewed and stated that he now believes the traffic stop was coincidental. He advised that Tpr Burke was
polite and cowt eous dw-ing the stop and made no fwther allegations of improper conduct.
Captain Daniel G. Charleson, Troop T Admin, recommended this Incident Review be Closed by Investigation. Acting Staff
Inspector Michael W. Lair concms.

Finding of Investigation:

U

Foun ded

Recommen ded Level of Adjudication:

~

Un foun ded

U

Unsubstantiated

U

Closed by Investigation

D Troop Level D Division Level
Date:
Disposition:

Adj udicated at TroopO

Date Fonvarded to Assistant Deputy Superinten dent - Professional Standards Bureau
Assistant Deputy Superintendent - Professional Standards Bureau

Date:

C omments:

Finding of Investigation:

D Foun ded D Un founded D Unsubstantiated D Closed by Investigation

Recommended Level of Adjudication:

0

Troop Lev el

0

Division Level

Date Fonvarded to Deoutv Suoerintendent - P rofessional Standar ds Bureau
Dep uty Superintendent - Professional Standards Bureau
Date:
Comments:

D Division Level Recommended
D Troop Level Recommended
Date Forwarded to First Deputy Suoerintendent:
First Deputy Supetintendent

Date:

Direction:

D Troop Level-Retum to Chief Inspector
D Division Level -- Forw3l'd to Division Counsel
Date Forwarded to Counsel or the Chief Insoector:
D Troop Level
Rank/Name of Member Notified
Date Notified:

Notified by Whom:

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop_LStation _Headquarters .

Date______M=a:-y-=2:.:::;8:i..:,2~0~2=0

To:

Deputy Superintendent Patrick J. Regan - Professional Standards Bureau

~\IC.(D\I
From:

Subject:

Major Jennifer H. ~ine, Troop Commander, Troop T

. ADMINISTRATIVE INQUIRY - #20200077
TROOPER ALPHONSO I. BURKE
Reference is made to the above captioned administrative inquiry involving allegations

madebyMr.Enclosed please find the Zone Inquiry of Sergeant/SC STEVEN F. CASAB~LA,
Zone 1. Also enclosed, is related material which is forwarded for your infonnation and files.
I have reviewed this inquiry and concur with the findings. Evidence revealed the
incident to be coincidental and no Division Rules or Regulations were violated. Therefore, I
recommend this matter be closed by investigation, with no further administrative action required.

Enclosures

Administrative Investigation Report

Division Vehicle PDAA

□
□

·--~·. ;-~

RCN #_., ;.
·~~

• .::

Date:

SJS#

lnJurynllness to Person Prior t o
Custody

. .

·..

20200077

PC •

Incident Review

1

Page

New York slate Police

lNSP -8 (Rev 12/16}

.,, J'

•• •

··...
· .,.. :. -.

,....-

• • •1

. . .-.$ '

~

~.;·~:.:-:

Lovel 1 PC

On-Duty lnJury/lllnoss

lnJurynllness to Person Being Taken
Into Custody

Injury/Illness to Person While in
Cu stody

Division Vehicle PIAA

Damage/Loss of Division Property

TZS

Clark, Mary, A.

Staff Inspector

H133 727

Date Occurred:

02/07/2020

Placeof Occurrenc~:
County:

4:30 pm

Time Occurred:

03/02/2020

Time Reported:

11 :11 am

Interstate 87 Southbound at Exit 17

Orange

Synopsis:

Date Rep orted:

C/TN:

T/Newburgh

CTV Code:

F3663

Complainant alleged that Trooper Burke conducted an erroneously traffic stop on him.
;•}:-,.

'7 ':t::

•.. ,.,..

Rank

Nam e (Last, First, Ml)

Burke, Alfonso, I.

Shield

TZS

Trooper

T131

5116

.

Race

Black

Sex

Race

White

M

State

NY
Rank

Employeo ID ti

TZS

Duty Time Lost

Shleld

If Member:

ARS #

hrs

Nature:
How Occurred:

Ille11

Name of HospltaUEMS:

~--------- - - - - --- --- --- ------ ------ ------ --..
by:
0

·.

Shield

Rank

Email

.

02/07/2020

Na me (Last. First. Ml)

Reported By:

.

Treated

~
~
Treatment
Refusal
W itn essed by:
-g..._
_ ___
_ ____
_ ___ _____ _ _ _ _________ _ ___ _ _ _ _ _ _ _

If Prisoner - Charges:
Use of Force:

Type of Force:

1)

21

;

New York State Police

INSP-8 (Rev 11/16)

20200077

PC#

Administrative Investigation Report
SJS#

Date:

02/07/2020

Persontlnter:viewed #1;
Race

DOB

Name (Last. First, Ml)

Address

Stale

City

DOB

Name (Last, First, Ml)

Address

State

DOB

Make

Model

Year

Mileage

VAN#

Zip

Phone

Sex

Race

City

Operator (Last, First, Ml)

Sex

Phone

Zip

sex

Race

Reg, State

Color

Rog.#

Division Vetlictes:

¥ehicle#2'

..,' -~-·..
·:.,_

.

•...

'.

,.

..

..

Operator (Last, ~irsl, Ml)

Make

.

.-

NIA ..

•

DOB

Year

Modof

Race

Reg. State

.Color

.,.M_ll•_a_g_e_ _ _ _ _ _ _ _._V_A_N_#_ _ _ _ _ _ _ ___, c.
Division Vehicles:

Type

Reason for Damage/Loss

Make

Model

Property Description

.

Reg.#

CaUGa

Serial#

Property Value

Damage Description

Sex

Race

DOB

City

;?' //i, :';,,f:_-·.:_;c. •:
':: ·-... · :.:·;:,·.-: ....

VAN#

Year

Owner (Last, First, Ml)

Address

"?:.·
,·..

Rog.#

State

Zip

Phone

Page

NewYol1t State Police

INSP-8 (Rev 11/16)

3

20200077

PC#

Administrative Investigation Report

Date:

SJS#

02/07/2020

Last Nal)'le of Person(s) Submitting Memo(s):

Burke

Memo{s)

Last Name of Person(s) Signing Depo.sltlon(~) andfor $tatement(s):
Depositions
and/or
Statements

□
Title and Last Name

Medical
Depositlon(s)

AMS Message

IJ Portal Messige
GENL-340
Photo Record

EMS Service or Medical Faclllty

□

□
D
□
·

GENL-89 Uso of
Chemlcal A ant

□

GENL-90 U&e of
Taaer X26/X26P

□

GENL-91 Vehicle

Pursuit Report
MV-104A Police

t--A
....
cc
.....
ld_e..;n.;,t;.R;..,,;e.;;p..;o..;rt.;___..=;;;;z:1._ _--il.,:•;'.;i',f;'•i ,;.. •;..,,.)';I'.",~\.,.;,:- , : -1-... ,,;,;'!'i·
Non.SP
Collision/Incident
Report (TRACS)

□

•v'·... ,

• , .•

~~~- . -~,,, "slc.ili!:::"..- , . . 1~~-2'-:,. -.. if~½c"'l:• _.·_,.

• Enclosed:

Transcript enclosed:

Enter Sourc:o:

Video Recording

# Enclosed:

Transcript enclosed:

Enter Sourco:

GENL-81E
Medical Releue
GENL-81M
Medical Release

Other EnclOSUNIS

□
□
□
[Z]

.

::St,lllt:J~{}~D::.~:~:=t:}::~tJtt:t~~:};{fI

Audio R.ecoritlng

GENL-81
Medical Release

~;..; , '!,'i. . -

Last Name(s):
Records Enclosed:

Vos

Records Enclosed:

Yes

Records Enclosed:

Vos

Employee(s) Last Name:

Membor(s) Last Name:

Describe:

Email of Mr. . . . .

□
□
□

No

No

No

□
□
·□

INSP-8 (Rev 11/16)'

Page

New York State Police

20200077

PC #

Administrative Investigation Report

SJ$#

Name

Rank

Steven F. Casabella

.Sergeant/SC
Date

Name

Brian T. Ferrone
Signature

. .i!i'i --,.,,,·.,- ~:- .'~ -~ -< - -~ .
To: Troop Commander
From:

:

Lieutenant Brian T. Ferrone

Dlsp0&nlon Imposed under Rule 3:

No Action Warranted

D

Letter of Censuro

□

Intra - Troop Transfer

D

ProbaUon
#of days:

D

Loss of A.L. Days
#of days:

□

4

2021NSP-8N'(Rev 11116)

Page 1 of 1

New Yor1c State Police
i ';1~ • ~

Administrative Investigation Report
Narrative

PC#
SJS#

20200077

i .,,4 ..

.

:_..,~

\T:~:·.?~:~ ·: "f :~-·:·.; -~/ ·:~: ;

Date:

02107/2020

On March 2, 2020, the New York State Police Professional Standards Bureau received an
emailed complaint from Mr.
alleged that on February 7, 2020, he
was unjustly stopped by Trooper ALFONSO I. BURKE (SP Newburgh) for a vehicle inspection
violation. Mr.
specified that during the traffic stop, Trooper BURKE stated he mistook the
red 2020 inspection sticker for an expired 2019 yellow inspection sticker. Trooper BURKE then
admitted his error, apologized, and released Mr.
without further incident. Mr.
further stated that on January 21, 2020, he represented a client at a OMV Refusal Hearing in which
Trooper BURKE testified as the assisting Trooper in that arrest. Mr.
believed he was
intentionally stopped by Trooper BURKE because Mr.
.ultimately won that hearing for his
client.
I interviewed Mr.
regarding his complaint. Mr.
stated that at the time
he wrote his original emailed complaint, he was suspicious of the circumstances of the traffic stop.
Mr.
stated that at the time of the traffic stop, Trooper BURKE was polite, courteous,
admitted his mistake, and made no mention of the refusal hearing. Mr.
further stated that
he now believed that if Trooper BURKE was truly being retaliatory toward him, Trooper BURKE could
have kept him· at the traffic stop longer or found another violation to issue a ticket for, which Trooper
BURKE did not do. Mr.
acknowledged the traffic stop as coincidental and declined to
provide a written statement.
I interviewed Trooper BURKE, who denied Mr.
allegations. Trooper BURKE was
unaware of the OMV Refusal Hearing ruling, and only learned of same during th is investigation.
Trooper BURKE further stated that at the time of the traffic stop, he did not recognize Mr.
as the defE:lnse attorney in that case.
Investigation revealed the inGident was coincidental and that no Division Rules or Regulations
were violated by Trooper BURKE. It is recommended that this incident be closed by investigation
with no further administr<;1tive action necessary.

Genl. 7

E-1
NEW YORK STATE POLICE

MEMORANDUM
liroop..!...Station

SP Tarrytown

□ate_ _ _____,;M=a=r....c__h__6__.,__2__0=2__
0

To:

Major Jennifer H. Gottstine, Troop Commander, Troop T

From:

Trooper Alfonso I. Burke

Subject:

INCIDENT REVIEW

A}b

I was advised of my rights to representation pursuant to Article 16.2 of the contract
by Sergeant/SC STEVEN F. CASABELLA on March 6, 2020. I provide the follo~g written
account.
On February 7, 2020, I was working a I shift out of SP Newburgh, operating marked
patrol unit 1T33 . At approximately 4:30 PM, I observed whalt I believed was an uninspected motor
vehicle traveling southbound on Interstate 87, in the Town of Newburgh. I activated my
emergency lights and conducted a traffic stop. Upon approaching the vehicle, I introduced myself
and informed the vehicle operator why he was being stopped. Upon further investigation, I
infonned the operator that his vehicle was stopped in error and that his light red inspection sticker
had appeared to me to be yellow when he passed me. I apologized to him and then cleared the
traffic stop.
On March ·6, 2020, Sergeant/SC CASABELLA informed me of a complaint that was
made against me. Sergeant/SC CASABELLA advised that the complainant, identified to be Mr.
was the operator I had stopped on ~ebruary 7, 2020, and was also the
defense attorney at a DMV refusal hearing, held January 2 1, 2020, that I provided testimony in.
Sergeant/SC CASABELLA further advised me that the administrative law judge had ruled in favor
of Mr.
client, which I was not aware of. At the time of my traffic stop on Mr.
I did not recognize him or know he was the defense att orney from the DMV refusal
~ o n d u c t e d myself in a professional m ~ my entire interaction with Mr.
. . . . . The traffic stop I conducted on Mr. was conducted in good faith and
was coincidental. .

_.._ ____,_ Original Message -----From: "troopers.sm.h.professional.standards" <iaffairs@troopers.ny.gov>
Date: Mon, Mar 2, 2020, 11: n AM
To:
Subject: RE: Complaints

The New York State Police Professional Standards Bureau in Albany, NY, a,cknowledges your email. Your correspondence
has been forwarded to the Local Troop for review.
Thank you,

Mary A. Clark
Staff Inspector/Prof~ssional Standards Bureau
Northern Region Office
New York State Police
1220 Washington.Avenue, Building 22

Albany, NY 12226-2252

From:l.a- mailto
Sent: Saturday, February 29, 2020 3:24 PM
_
To: troopers.sm.h.professional.standards <iaffairs@troopers.ny.gov>
Subject: Complaints
A TTf:NTION: This email come fm m an external source. Do riot opt;:11 ouarhmi:nts or c'ic.'( c:' I
unf:'xp!!cted <!moils

Good Afternoon,

I am a retired police officer. I became an attorney while I was still employed as a police officer. Now, I exclusively
practice criminal defense.
On January 21, 2020 I represented a client at a DMV refusal hearing. Trooper Burke and Trooper Gigante both testified
at the hearing.
OMV re-instated my
client's license because my client was not property advised of the refusal warning. Unfortunately, I am writing this
complaint regarding Trooper Burke for a differ.ent reason.
On February 7, 2020 at approximately 4:30 in the afternoon I was traveling south on the Nev-, York State Thruway in
the vicinity of Exit 17. I was in the right lane. I was about to exit the thruway to travel west on Route 84 to my home in
Pennsylv~nla. Suddenly, a State Police car was behind me and activated its emergency lights. I Immediately pulled CNer
to the right shoulder. I committed no offense and was surprised t hat I was being pulled ·over. A second state police
vehicle pulled up behind the vehicle that;stopped me almost immediately. The Immediate arrival of the second vehicle
was even more alarming. However, not hing could have been more alarming than when I saw Trooper Burke, who I
recognized from a· hearing where his and his partner's credibility was called into question, exit the vehicle. Trooper ·
Burke exited his vehicle and walked backwards to the second state police vehicle. After a brief interaction, Trooper
3

E-2

•

I

•

Burke approached my vehicle. Trooper Burke told me that he stopped me because the inspection on my vehicle was
expired. My inspection was not expired. My vehicle, which was leased new from a dealership in April of 2019, has a valid
inspection through April of 2020. When Trooper Burke stated his basis for seizing me was based upon his belief that the
red inspection sticker on my window was yellow, Trooper Burke released me. Trooper Burke was polite and courteous.
However, I am alarmed that I was unlawfully seized by the same trooper whom I challenged in court just days before .

. I can be reached at this email or on my cellular

Sent from Mail for Windows 10

4