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New York State Police, Trooper Joseph C. Kolek Letter of Censure, 2009

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TB- ISA (2/99) PREVENTABLE DIVISION VEHICLE ACCIDENT - REPORT OF ADJ UDlCATION
VAN
DATE OF ACCIDENT/INCIDENT

Ap/1 \
TIM E OF ACCIDENT/INCIDENT

1\ 1

2009

VEHICLE PLATE N UMBER

DRIVER'S NAME (FIRST, Ml, LAST)

1-<o (c:t<

C
SHIELD NUMBER

ORIGINAL F-fbE-3-#}1,, S=t-:1-

STATION

£so/ ~ c

1953

1

INSTRUCTIONS FOR COMPLETING THIS FORM ARE ON THE REVERSE SIDE

I.

Type(s) of Adjudication

01

-

Clinical Phase

02

-

Troop instruction - Troop Safety Officer or Traffic Supervisor

03

-

EVOC assignment and Clinical phase

04

-

NO disciplinary action

05 -

Counselling

✓

06 -

Censure

\.,/

07

-

Vacation Days (number)

08

-

Probation

09 -

Suspension w ithout pay

lO

-

T ermination

11

-

Other (specify)

II. Date of Adjudication
APPROVED BY

?//J ',){11/fV!PA.lOISNJ ISAOK

RANK

~

HARRY CORBITT
SUPERINTEND ENT

NEW YORK STATE POLICE
CONCOURSE LEVEL- EMPIRE STATE PLAZA
ALBANY, NEW YORK 12242

LETTER OF CENSURE

June 19, 2009

Trooper Joseph C. Kolek
Executive Services Detail/New York City
633 3 rd Avenue
New York, N.Y. 10017
Dear Trooper Kolek:
On June 19, 2009, you appeared before me at ESD/Albany to adjudicate a Division Vehicle
Accident you were involved in on April 11, 2009. You previously agreed to accept my determination
in this matter.
My review of the investigation conducted concludes me to believe that this accident was
"preventable" on your part. You were reminded of your responsibility to the safety of the public and
to yourself for the safe operation of Division vehicles at all times.
Your conduct violated Regulation 8B5 of the Division
Accordingly you are officially censured for your actions and assessed the loss of 2 days
annual leave.

Sincerely,

J)

)

cA7iJi. ~1VlW'-1

usa D. Loughran
Captain
Assistant Detail Commander- ESD Albany/NYC

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJ:::LStation
Date

ESD

June 19, 2009

To:

Major David Salmon, Division Traffic

From:

Captain Lisa D. Loughran, Executive Services Detai~o'k

Subject:

PREVENTABLE DIVISION VEHICLE/PEDESTRIAN
PERSONAL INJURY AUTOMOBILE ACCIDENT
TROOPER JOSEPH KOLEK, ESD/NY EOD 01/07/02
DATE OF ACCIDENT: APRIL 11, 2009

Reference is made to the genl 84 investigative report regarding the above subject.
Referenced report was submitted on June 5, 2009. On Friday, June 19, 2009, Trooper Kolek
reported to ESD/Albany for the purpose of adjudication of this matter. Attached to this
memorandum is Trooper Kolek' s adjudication memo, letter of censure and TB 15 and TB 15a. Please
attach these to the original report.

NEW YORK STATE POLICE

MEMORANDUM

Troop

H

Date:

Station

Executive Services Detail/NYC

June 05, 2009

To:

Major Charles M. Day, Troop Commander, Executive Services Detail

From:

Trooper Joseph C. Kolek ESD/NYC

Subject:

PREVENTABLE DIVISION VEHICLE/PEDESTRIAN PERSONAL INJURY ACCIDENT

__:_,,.---·L /<

I hereby request to have the above-captioned investigation adjudicated by the Detail
Commander under the provision of Rule 3, Disciplinary Action, of the New York State Police Manual.
I waive the following:
1.

The right to have this matter disposed of by the Superintendent or by a formal
hearing.

2.

Any right to appeal from the Detail Commander's adjudication which may be a
determination of unfounded or, upon a finding of guilty, the imposition of:
i.

A Letter of Censure and/or

ii.

An intra-Troop transfer with my consent and/or

iii.

A fine to be expressed in the loss of no more than five vacation days to be
worked with no additional compensation or overtime, and/or

iv.

A period of probation not exceeding 90 days (which probation must be for a
definite period of time and must include conditions of probation which, if
violated, could subject me, without a right of further inquiry or hearing, to the
imposition of any one or more of the penalties that can be imposed by the
Detail Commander, and/or an intra-Troop transfer, without my consent).

TB-· 15 REV. 12/8 5 TRAFFIC SAFETY OFFICER REPORT
FOLLOW THE INSTRUCTIONS ON THE REVERSE OF THI S FORM.
VAN

VEHICLE PLATE NUMBER

DATE OF ACC IDENT/INCIDENT

T IME O F A CC IDENT/INC IDENT

·J?;

ioo q

n

C - ·3 ~17

C(:30

Fl CAUSE
01-SPEED TOO FAST
02-FOLLOWING TOO CLOSE
03-UNSAFE BACKING
04-FAILEO TO KEEP RIGHT
05 -FAILED TO YIELD RIGHT- OF-WAY
OB - IMPROPER PARK/S10P
07-IMPROPER TURNING
OB -INATTENTION OF DRIVER
____.L 09 -ANIMAL ACTIONS
10- FAULTY EVASIVE .IXCTION
11-ALCOHOL INVOLVEMENT
12 -DRIVER INEXPERIENCE
13 - DRUGS
14 -FELL ASLEEP
15 - PEDESTRIAN ACTION
16-TRAFFIC CONTROL DISREGARDED
17-DEFECTIVE EQUIPMENT
18-0BSTRUCTION/DEBRIS/STONE ON HIGHWAY
19 -RECKLESS DRIVING
20-IMPROPEA LANE CHANGE
2 1- 0THER _ _ _ _ _ _ __ __ __

__
v
ORIGIN A L ~

I ·2A) CLASSIFICATION
_ V _ PREVENT ABLE
_ _ NON-PREVENTABLE
_ _ INCIDENT

22-DNA
B) DISCIPLINARY ACTION RECOMMENDED
_ _ YES
_ _ NO
C) SITUATION/ACTIVITY

,7

01-EMERGENCY CALL
02-EMERGENCY CALL/FIRE
03-EMERGENCY CALL/CRIMINAL MISCHIEF
04-EMERGENCY CALL/GLASS
05 - ROUTINE PATROL
06-ROUTINE PATROL/FIRE
07 - ROUTINE PATROL/CRIMINAL MISCHIEF
08- ROUTINE PATROL/GLASS
09-PURSUIT
10-PURSUIT/FIRE
11-PURSUIT/ROADBLOCK
12 - PURSUIT /CRIMINAL MISCHIEF
13 -PURSUIT /GLASS
14-PARKED
15-PARKED/FIRE
16-PARKED/ROADBLOCK
17-PARKED/CRIMINAL MISCHIEF
18- PARKED/GLASS ,
19-0THER,__ ~
' --'---=Cc..cc:l···-c. . . - - - - - - - - -

Dl CONTACT
~ YES
_ _ NO
El TYPE ACCIDENT
01-STAT IONARY OBJECT STRUCK
02 -BACKING UP
03-REAR- END COLLISION
04-PASSING VEHICLE SAME DIRECTION
05 - INTERSECTION
06 - SIDESWIPE
07-SKIDDING
OS - ROLLED AWAV (UNATTENDED)
✓• 09-IMPROPERL Y STOPPED/PARKED
10 -PEDESTRIAN
1 1 - LEFT THE ROAD
12-0VERTURNED
13 - HEAD- ON
14 - ANIMAL
15-0THER_ _ _ _ _ _ _ _ _ _ __

G) CATEGORY

P- PROPERTY DAMAGE
I-PERSONAL INJURY
_ _ F-FATAL
__j

_v_

H) ROAD CHARACTER
1- STRAIGHT
2 - CURVE
3-HILLCREST
4 - 0FF - ROAD
5-DNA
I) ROAD SURFACE
1- CONCRETE
\/
2- MACADAM
3 - 0IL/STONE
4- DIRT I SAND
5 - GRASS/TURF
6- DNA
Jl ROAD CONDITION
1-ICY SURFACE
_ _ 2-HARD PACKED SNOW
_ _ 3-SLUSH
4-WET
V
S- DRY
_ _ 6 - 0THER._ __ __ _ __ __ _ _
_ _. 7- DNA
K) WEATHER CONDITION
1-SNOW
2- SLEET
3- RAIN
4 - FOG
5-CLEAR
6-CLOUDY
_ _ 7- DNA
L) SHIFT

:c
D LEAVE
E DNA

16 - DNA
Ml DRIVER'S AGE

N) DRIVER'S TZS

oi s~
l25 •T8t~
·'rl l Hlt

-

-

M

-- F

MODIFIED

.-

TB··!S (REV . 01/98)

NEW YORK STATE POLICE
DIVISION VEHICLE ACCIDENT/INCIDENT COVER PAGE
I OPERATOR OF SP VEHICLE:

(TRAFFIC SECTION COMPLETE)

~ ~et?/2 <'Received At Traffic :
License

Van

Troop

(D/A)

Reviewed By :

(FLEET MANAGEMENT COMPLETE)

Received from Traffic :

JUL (Date)
O2 2009

REPAIR INFORMATION :

Order Number :

NA-

Amount : $ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Case Closed :

Date Paid :
(Date)
Returned To Service Date :

Initials :
Forwarded From Fleet To Records :

Estimates :

7

(1) $

O* I\\ I0lt

ND Dllf1\ll£:i

(Date)

TOT Attorney General :

(2)

$ _ _ _ _ _ _ _ _ _ __

(3)

$_

_ _ __

_ _ _ _ __

co
co
(j
V,I

00

(Date)

-....l
-....l

MISCELLANEOUS :

INSURANCE INFORMATION :

.&;.
...._
~
...._

Check Number :

~

0
\0

J

P _ _ _ __

ur

BCI
RCN Number :
NP

JUL 1 7 'ltl09

I1

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop

l:LStation

ESD

Date_ _ _ _"""M=a_.y-'2aa.a9.., =2.a..00~9

To:

First Deputy Superintendent, John Melville
Attention Divisi.on Traffic - Major David Salmon

From:

Captain Lisa D. Loughran, ESD

Subject:

DIVISION VEHICLE/PEDESTRIAN PIAA - NY BBC-3877
TROOPER JOSEPH KOLEK-EOD 01/07/02
DOA: APRIL 11, 2009

~1{

Reference is made to administrative message #AMSQ88000012, ESD/NYC, dated
April 12, 2009, cover memorandum of Lieutenant Paul Hogan and investigative report of
Zone Sergeant Robert Myers dated, May 22, 2009, regarding the above subject.
I have reviewed the report with Lieutenant Hogan and concm with the results of the
investigation. On April 11 , 2009, Trooper Joseph C. Kolek, ESD/NYC, left the office in his
division issued vehicle, NY BBC-3877 and traveled east on West 46 1h Street in Manhattan.
As he approached the intersection of West 46 111 and 71h Avenue, Trooper Kolek was forced to
stop behind an unidentified vehicle about to make a left turn onto i" A venue. While delayed
at the intersection behind the vehicle, the light changed and an unidentified southbound
vehicle on ih Avenue came directly toward Trooper Kolek's vehicle. In an attempt to avoid
being struck, Trooper Kolek instinctively steered his vehicle to the right and forward around
the stopped vehicle, subsequently striking fom pedestrians as they crossed the intersection.

It is evident that the culpability for this accident was on behalf of Trooper Kolek for
improper evasive action. It is recommended that this accident be classified as
"PREVENTABLE". Although Trooper Kolek is culpable for the accident, there was no
evidence of negligence or wrong doing. The matter is closed by investigation.

• Genl 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJ::LStation
Date

ESD/NYC

May 27. 2009

To:

Captain Lisa D. Loughran, Executive Services Detail, Albany, NY

From:

Lieutenant Paul E. H o ~

Subject:

DIVISION VEHICLE PIAA- PEDESTRIANS
TROOPER JOSEPH C. KOLEK

Reference is made to Administrative Message AMSQ 88000012, SP ESD/NYC
dated April 12, 2009 and the attached Memorandum and associated Investigative report of Zone
Sergeant ROBERT MYERS ill dated May 22, 2009 regarding the above subject.
I have reviewed the attached reference material and find it properly submitted. I
have discussed the matter with Zone Sergeant MYERS and concur with his findings.
On April 11, 2009 Trooper JOSEPH C. KOLEK assigned to ESDJNYC, was
travelling east on West 46th Street in Manhattan, NY approaching the intersection of West 46th
and 7th Avenue when a vehicle travelling south on 7th Avenue almost struck Trooper KOLEK'S
vehicle. In an attempt to avoid being struck by the southbound vehicle Trooper KOLEK steered
his vehicle to the right around an un-involved vehicle stopped in front of him, subsequently
striking four pedestrians who had entered the roadway crossing West 46th Street at the
intersection of 7th Avenue.
Investigation into this matter revealed that the cause of the accident was improper
evasive action on the part of Trooper KOLEK. It should be noted that although the accident
victims allege that Trooper KOLEK was travelling at a high rate of speed wh~n the accident
occurred, the evidence belies their account. The fact that the victims injuries were relatively
minor in nature, and there was no damage to Trooper KOLEK'S vehicle suggests that Trooper
KOLEK was not travelling at a high rate of speed prior to impact. I recommend that this
accident be classified as PREVENTABLE and forwarded for further administrative· action.

• Genl 7

NEW YORK STATE POLICE

MEMORANDUM
Troop H Station
Date

ESD - NYC

May 22, 2009

To:

ESD Detail Commander, Troop H, Albany, NY

From:

Zone Sergeant Robert Myers I I I @

Subject:

DMSION VEIDCLE PIAA - PEDESTRIANS - BBC 3877
TROOPER JOSEPH C. KOLEK

REFERENCE:

AMSQ 88000012, Dated April 11, 2009

Genl. 84 Investigation Report, dated April 23, 2009
Re: Above captioned subject

On April 11, 2009 at approximately 10:00 PM I was advised that Trooper JOSEPH C.
KOLEK had been involved in a Division Vehicle Personal Injury Accident involving four
Pedestrians.
Investigation into this matter revealed that despite the fact that Trooper KOLEK was
able to avoid being struck by any vehicles, the accident was the result of faulty evasive actions
taken by Trooper KOLEK. Trooper KOLEK was slowing in the intersection when he observed
a secondary vehicle in his peripheral vision which he perceived was going to strike his driver's
side door and steered to the right around the vehicle in front of him subsequently striking the
pedestrians which were standing in the roadway. It should also be noted that due to the fact
that all parties suffered minor injuries and the absence of any physical evidence, it is my
conclusion that Trooper KOLEK was not traveling at a high rate of speed as perceived by the
witnesses. I recommend the accident be classified as PREVENTABLE and closed by
investigation.

New York State Police Investigation Report

GENL-84 REV 01198E

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2. Station

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ESD- NYC

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3. Station

5. Case No.

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Name

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9. Phone

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Name of Receiver

~~r~~~e of Maker• ID or Address Given
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.1-- - - - - - - - - - - - - - - - - - - -- - ---------...,.,,,-.,.,...-, • •½' Bank Drawn On -Address
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Doc Amount

Date

Money, Properly or SeNice Obtained

!, ~~

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Property

eJ°iNsu~: Insured ?

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Yes
No

Name of Insurer

SELF INSURED STATE OF NEW YORK

AmL Insurance

7 Total Vali.le

.oo

FULL

Date

281

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04 2~09

New York State Police lnv.estigation Report
:--':::"'~ =

JURIES
Coroner or Medk:al Examiner

NoQ

~~fg~:i~.~~~~~~~~~~~. ~~~ic11rf~i¥¥.e:~i~·q;~~J~d~~~~~t~~~:~tp1i(~·~i~~~:~~~a$\~~~~~g~~~~·1~t~=~~~.!~~Jf~~~t~~~~~~~r~~~;~~~~~~!:i~~t
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Race

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ounty

F "NO" Name Of Person Notifiea

Uc. No.

The Presence or absence of any individual factor Is Indicated by checking Yes or No

Q

Witness to Crime

'i'
~

Yes

Identification I Description Of Suspect Vehicle

0
0

@ No
Yes @ No

Significant Physical Evidence

Yes

No

Property Traceable / Identifiable

0

Q
Q

Distinctive / Significant MO
Significant Community lnlerest

Yes @No
Yes @ No
Yes

@ No

. .~ 1. MEMORANDUM OF TPR KOLEK
8. COPY OF AMSGE 88000012 DATED 4/11/09
2. PHOTOGRAPHS OF ACCIDENT LOCATION
9. KASTLE SYSTEM HISTORY REPORT
r:j 3. SUPP DEPO OF ALISTER HARPER
10. ACCIDENT REPORTS 2
[~:1-4_._S_U_PP_D_E_PO.;....;.O_F_F_RA_N_C_O_IS_C_O_R_B_I_N_ _ _ _ _-+-1-'1.__1-'-'
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~{~\ 5. SUPP DEPO OF ELIZABETH CORBIN
12. SUPP DEPO OF JERMAINE MOORHEAD
j)it} 6. SUPP DEPO OF LOUISE CORBIN
7. SUPP DEPO OF ANNE TOURETTE
Shiela No.
43B CaseNo.

, .,.

NEW YORK STATE POLICE
CONTINUATION SHEET
TROOP H

ESD - NYC

COMPLAINANT - LAST. FIRST, lvllDDLE

I NYSP

CASENUMBER

I ESD - 3226 - 09

1. On April 11, 2009 Trooper JOSEPH C. KOLEK, ESD/NYC, EOD 01/07/02 (T-1)
assigned to the Dignitary Protection Squad, was working a D12-7 (7:00 AM 7:00 PM). At approximately 10:00 pm Trooper KOLEK advised the ESD desk
that he was involved in a Division Vehicle PIAA involving four pedestrians while
th
travelling on 46 street in Manhattan, NY. I was advised of the accident and
responded. Captain LISA D. LOUGHRAN was advised and responded to the
scene as well. Detail Commander, Major CHARLES M. DAY was also advised.
2. Upon arrival, I observed a 2005 Chevrolet Tahoe, bearing NY registration BBC
3877, (V-1) parked curbside on the north east side of the intersection
roadway
th
travelling south. Broadway and 7 Avenue are separated by a narrow median
approximately IO feet wide. Both intersections are controlled by separate, three
light traffic signals. Pedestrian traffic is controlled at both intersections by lighted
signs and roadway markings. Investigation revealed that the accident occurred at .
the southeast corner of West 46th street and 7th avenue. There were no visible skid
marks, debris at the scene, or physical evidence denoting the point of impact.
3. On April 11, 2009, I interviewed Trooper KOLEK who stated that upon
completing his shift he remained at the station to complete administrative duties.
Trooper KOLEK stated that at approximately 9:00 pm he left the station and
proceeded over to the West side of Manhattan in V-1 for a meal prior to
responding to Ward's Island for the evening. Trooper KOLEK stated that upon
returning from the West side en-route to Ward's Island he while travelling east on
th
West 46 street approaching the intersection of Broadway with traffic slowing,
when the traffic light turned yellow. Trooper KOLEK stated that he proceeded
through the intersection when an un-identified vehicle which was travelling in
front of him slowed down. Trooper KOLEK stated that he slowed to avoid hitting
the vehicle at which time the light at the intersection of West 46th and 7th turned
red. Trooper KOLEK stated that another un-identified vehicle, which was stopped
at the intersection of 46th and 7 1h facing southbound , started to proceed through
the intersection in a southerly direction almost striking the drivers side of V-1.
Trooper KOLEK stated that he took evasive action by accelerating and turning to
the right in an attempt to avoid being struck the southbound vehicle. Trooper
KOLEK stated that as he proceeded east on 46th street, pedestrians heading north
th
from the corner of 46 Street and 7th A venue entered the intersection in front of

GENL-84B REV I I/97E

Page I of5

NEW YORK STATE POLICE
CONTINUATION SHEET
TROOP

H

ESD - NYC

COMPLAINANT- LAST, FIRST, MIDDLE

I NYSP

CASE NUMBER

I ESD - 3226 - 09

his vehicle at which time he was unable to avoid striking them. Trooper KOLEK
stated that he immediately stopped V-1, identified himself, and rendered aid to the
injured parties. Memorandum of Trooper KOLEK attached as enclosure #I.

4. On April l I, 2009, I took photographs of the scene which have been reduced to
paper and are included as enclosure # 2.

5. On A ril 11 2009 I interviewed MOHAMED GOUDA, DOB -

o-

d (WT-1), who provided a telephone nwnber
WT- I, a street vendor working at the time of the accident
stated that he was very busy and didn't really see what happened. He was serving
food and it was very busy and when he heard the commotion he looked up and
realized an accident had occurred. He further stated that people are always
stepping off into traffic and that it is a very bad intersection. Mr. GOUDA
declined to give a written statement.

of

6. ~ 1 1 2009 I attem ted to contact JERMAINE A MOORHEAD DOB
-of
(WT-2)
with
negative results.
.
, a Tunes Square Lines - Secunty Officer, was
working in the area at the time of the accident had left the scene prior to my
arrival. Mr. MOOREHEAD had informed NYPD that he saw the people step off
the curb in front of V -1 , but refused to provide further details, and refused to
provide a statement.
7. On April 12, 2009 at approximately 12:29 run, Senior Investigator WILLIAM T.
HODGE responded to St. Luke's CR,
•
,,,~11:-:.·•~
II~
~ER,DOB-of
~ T - 3 ) who gave the telephone
t
H
,
I i
approximately 9:40 PM he was working as a street vendor when he heard a noise.
He then alleged that as he looked up he saw a black SUV travelling at a high·
speed attempt to avoid striking some people but failed and ran several people
over. WT-3 then stated that the SUV stopped and the operator seemed very
concerned about the people. WT-3 stated that the intersection is very dangerous
and there have been several complaints about the timing of the lights. WT-3
stated that walk signal comes on to early not giving the pedestrians enough time
to walk which doesn't allow the cars enough time to clear the light from
Broadway to Seventh A venue .Supporting deposition of WT -3 included as
enclosure # 3.
8. On 4/12/2009 at approximate
Senior Investi ator HODGE interviewed
FRANCOIS CORBIN, DOB
of
(S-1)
who gave a telephone number of
S-1 alleged that at

GENL-84B REV I I/97E

Page2of5

NEW YORK STATE POLICE
CONTINUATION SHEET

TROOP

H

ESD - NYC

COMPLAINANT - LAST, FJRST, MIDDLE

I NYSP

CASENUMBER

I ESD - 3226 - 09

approximately 9:50 PM, he and his family began to cross the street, (he could not
recall the name of the street) when their light changed. S-1 stated that at that time
he observed a vehicle (NFD) heading toward him at a high speed. S-1 believed
the vehicle was attempting to avoid hitting another stopped vehicle. S-1 stated
that he was struck b the vehicle. S-1 stated that hi · \lries consisted
S-1 refused to sign a Genl.
a Supporting Deposition which is included as enclosure # 4.
9. On 4/12/2009 at approximately 1:35 am, Senior Investi ator HODGE interviewed.
REIN, D O B , - o f
(S-2). S-2 s t a ~ a s waiting at the traffic light
(NFD), when the light turned white she took approximately 1, or 2 steps when she
looked up and saw an SUV (NFD) pass another car. S-2 states that she tried to
escape but was unable to avoid bein struck
·
·
left leg. S-2
stated that she sustained injUIY
S -2 refused
to sign a Genl. 81. S-2 provi e
eposttlon which is included as
enclosures # 5.
10.
n A•
ril 12, 2

UISE CORBIN,
o
(S-3). S-3 stated
s e was waitmg at e tr 1c 1 t waiting or the light to turn white (NFD). S-1
stated that when the light turned white she started to cross the road when she
looked up and saw a black SUV (NFD) coming at her really fast. S-1 stated that
she did not see the car hit her, she just felt a hit and fell down. S-1 stated that she
just lay in the street for a few minutes. S-1 did not state that she was injured. S-3
provided a Supporting Deposition which is included as enclosure # 6.

11. On April 12, 2009 at approximately 1 :45 am Senior Investi
interviewed ANNE MARIE TOUREITE, DOB - o f
S-4) who provided the telephone number of
S-4 simply stated that she was crossing the street and was struck
anything, she just felt a hit. S-4 stated that she had
as a result
of the accident. S-4 refused to sign a Genl. 81. S-4 provided a Supporting
Deposition which is included as enclosure # 7.

12. On April 12, 2009, Captain LISA D. LOUGHRAN interviewed attending
Emergency Room Physician, Doctor PAUL L. TRAVNICEK MD. Doctor
TRAVNICEK treated FRANCIS CORBIN and related he suffered No written statement obtained due to the
re sal of the injured to provide a medical documents release ( Genl. 81 ).

GENL-84B REV l l/97E

Page3 of5

NEW YORK STATE POLICE
CONTINUATION SHEET
TROOP H

ESD - NYC

COMPLAINANT - LAST, FIRST. MIDDLE

I NYSP

CASENUMBER

I ESD-3226-09

13. On April 12, 2009 Captain LOUGHRAN interviewed Emergency Room
Physician, Doctor REBECCA BAPTISTA MD who treated ELIZABETH
CORBIN for
Doctor BAPTISTA also
treated ANNE MARIE SORS and related sh~ had no injuries as a result of the
accident. No written statement was obtained due to the refusal of the injured to
provide a medical documents release (Genl. 81).

14. On April 12, 2009 Captain LOUGHRAN interviewed a t t e n d ~
JAMIE MEADE MD, who treated LOUISE CORBIN f o r ~ o written statement was obtained due to the refusal of the injured
to provide a documents release (Genl. 81).

15. On April 12, 2009, I attempted to contact responding NYPD Officer WONG and
NYPD Supervisors in an attempt to obtain a copy of the accident .report with
negative results.

16. On April 12, 2009, I sent AMSQE 88000012 from 633, 3rd Ave, NY, NY. A copy
of the message is included as enclosure# 8.
17. On April 14, 2009, I attempted to contact WT-2 MOORHEAD with negative
results. I left voicemail requesting a call back.

18. Oil April 14, 2009, I contacted Building Management for 633 rd Avenue and
obtained printout of Trooper KOLEK'S Card Key History in the Kastle System
which showed that he left the station at 8:54 PM and substantiated the fact that he
left the station at approximately 9:00 PM. Printout included as enclosure# 9.
19. On April 14, 2009, I contacted NYPD I 8th Precinct who was unable to locate the
report and reporting officer.
20. On April 16, 2009, I attempted to contact WT-2 MOORHEAD with negative

results.
21. On April 21, 2009, I contacted PO WONG who provided a copy of the MV
104AN and, MV 104L completed which is included as enclosure# 10.
22. On April 28, 2009, I contacted WT-2 who stated that he was not trying to avoid
speaking to me, he just wanted to advise his job and ascertain whether he should
or should not provide a written statement to the New York State Police since he

GENL-84B REV 1J/97E

Page4ofS

NEW YORK STATE POLICE

.•

CONTINUATION SHEET
TROOP H

ESD-NYC

COMPLAJNANT-LAST, FIRST, MIDDLE

I NYSP

CASE NUMBER

I BSD - 3226 - 09

was working at the time of the incident. WT-2, a Times Square Alliance Security
Officer advised me that he completed a written incident report for his employer
on 4/11/2009 regarding the accident. I obtained a copy of the incident report
which is included as enclosure # 11.
23. On April 28, 2009, I interviewed WT-2 regarding the accident who stated that on
4/11/2009 at approximately 9:45 pm he observed a Black SUV (V-1) traveling
th
East on West 46 Street when it was cut off by an unknown Yellow Cab which
th
was traveling south on 7 Avenue. As a result the SUV had to swerve to the right
and was almost stopped when it struck what he believed to be 3 people which
stepped off the curb in front of the SUV. He concluded by stating that the
operator, KOLEK, of the SUV (T-1) immediately stepped out of the vehicle and
attended to the injured. WT-2 completed a Supporting Deposition which is
included as enclosure# 12.
24. On May 11, 2009, Lieutenant PAUL E. HOGAN contacted NYPD Sergeant,
TERRENCE O'HALLORAN in an attempt to ascertain if there was video
surveillance of the intersection of where the accident occurred from April 11,
2009. Sergeant O'HALLORAN advised that he would attempt to locate the
surveillance video and advise.

25. On May 21, 2009, Lieutenant HOGAN re-contacted Sergeant O'HALLORAN
who advised that he was unable to locate surveillance video of the accident.
Sergeant O' HALLORAN checked with DOT, businesses in the area, and NYPD
cameras with negativ~ results.

26. I request this matter be closed by investigation

GENL-84B REV l l/97E

Page 5 ofS

Genl. 7

ENCLOSURE # 1

NEW YORK STATE POLICE

MEMORANDUM
.

..

TroopJ:LStation . ESD-NYC

Date._______A.....:.p-=-=ri"'"I....
1=2,L..:2;:::.;0::..;0:a..;::;,9

To:

¥rom:
Subject:

Major Charles M. Day, ESD Detail Commander
: .Trooper. Joseph C. Kolek · ]

CK'

Division Vehicle PIAA

On April 11, 2009 I was working an assigned D 7. I left 633 3rd Avenue at
approximately 9:00pm. I stayed after my assigned tour because I had some administrative
paperwork t~ co~plete and to also print materials for the oral assessment center candidate
.preparation guide from. ~e Division Intr~el I completed·adlilinistrative paperwork and decided
to leave 633 3rd Avenue a( approximately 9pm in niy assigned Division·vehicle - o
.possibly get some food to eat. I proceeded to the west side of Manhattan to seek out a restaurant.
Upon getting to the west side of Manhattan I realized that I had prepared food which was located
in the plug in portable cooler in the rear of my assigned Division v e h i c l e - I decided to
proceed to Troop NYC and started heading east on 461h street. Upon approaching·the inte~ection
of 46th street and Broadway, the traffic light turned yellow. I proce~ded through the intersection
and a vehicle which was traveling in front of.me ~egan to slow down. I slowed to avoid hitting
the vehicle in front of me and the light in the middle of the intersection had turned red with me
slowing.proceeding into the intersection. ·The vehicle which was stopped at the traffic light
facing souU,. on 7th avenue and 46th snee, started.to proceed through the intersection and came very
close to striking the driver side door ofmy assigned Division v e h i c l e - I took evasive·.
measures by turning the vehicle hard to the right arid accelerating. This action allowed n;ie to
. avoid being hit bfthe vehicle southbound on 7th Avenue. As I. proceeded east on 46th street, the
pedestrians heading north on the comer of 46th and 7t1i Avenue began to walk into the intersection
in front of me and I subsequently struck three pedestrians. I immediately stopped my vehicle and
check~d on the conditions of the people I struck and was prepared to render aid. I contacted
ESD-Albany' and requested that a supervisor respond to the scene. NYPD respond¢d to the scene
and handled the accident investigation and Zone Sergeant Robert Myers responded to the scene.

Enclosure # 2

Picture

I·

of ----=---/3

AMSQE # 88000012 .
Title:

·D_ivision Vehicle PIAA - Pedestrians.

Photograph of:

Direction of travel of Vehicle 1. (Scene)

Taken at:

Corner of 46th St. and
east.

Taken by:

Z/Sgt Robe.rt Myers ill

Date:

April 11, 2009

ih

Ave. from west facing

•

Enclosure # 2

Picture __2__ of _ _l_.3_.__
AMSQE # 88000012
Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Direction of travel of Vehicle 1. (Scene)

Taken at:

Corner of 46 th St. and ih Ave. from west facing
east.

Taken by:

Z/Sgt Robert Myers III

Date:

April 11, 2009

•

Enclosure # 2

Picture

3

of

13
---

AMSQE # 88000012
Title:

Division Vehicle PIAA - Pedestrians·

Photograph of:

Accident.Scene - (after scene was cleared)

Taken at:

Corner of 46th .St. and ih Ave.

Taken by:

Z/Sgt Robert Myers III

Date:

. April 11'2009

Enclosu,re # 2

Picture

'-I ·of _

/- 3

_:_..::;_

__

. AMSQE # 88000012 ·
Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Accident Scene - (after scene was cleared)

Taken at:

. Corner of 46th St. an'd ih Ave. from west facing
east

Taken by:

Z/Sgt Robert Myers ill

Date:

A.pril 11'2009

Enclosure # 2

Picture

~, - of

13

AMSQE # 88000012
Title:
Photograph of: __

Division Vehicle PIAA - Pedestrians
- Accident Scene - (afte_r Scerie was cleare~)

Taken at:

Corner of 46th St. and ih Ave. from westfacing
south east.·

Taken by:

Z/Sgt Robert Myers ill

Date:

· April ll; 2009

Enclosure # 2

Picture

(,

of ·

I3

AMSQE # 88000012_

Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Accident Scene - (after scene was cleared)

Taken at:

· Corner of 46 th St. and ih Ave. from north west ·
facing south east.

Taken by:

Z/Sgt Robert Myers III

Date: ·

April 11, 2009 -

Enclosure # 2

Picture

7

of - ' -13
----

AMSQE # 88000012
Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Accident Scene - (after scene was cleared)

Taken at:

Corner of 46 th St. and
facing east. .

Taken by:

Z/Sgt Robert Myers ill .

. Date:

April 11, 2009

ih

Ave. from south west

Enclosure # 2

Picture

¥

of _

_:_,.,/j=--

.. AMSQE # 88000012
Title:

Division Vehicle PIAA - Pedestrians ·

Photograph _of:

Accident Scene - (after scene was cleared)

Taken at:

Taken by:
Date:

. Corner of 46th St. and ih Ave. from north
facing south.
Z/SgtRobert Myers III.
.· Apr-ii 11, 2009

Enclosure # 2

Picture

_-Jq1--_ of __·_/3=----

AMSQE # 88000012

Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Accident Scene - (after scene was cleared)

Taken at:

Con1er of 46 th St. and. 7'h Ave. fro in south facing
north east.

Taken by:

Z/Sgt Robert Myers III

Date:

April 11, 2009

Enclosure# 2

Picture

IO

of

J.:3

AMSQE # 88000012
Title: •
Photograph of:

Division Vehicle PIAA - Pe4estrians
'Front End of Vehicle 1

Taken at:

Corner of 46th St. and 7th ·Ave.

Taken- by: .

Z/Sgt Robert Myers Ill

Date:

Aprii li, 2009 .

Enclosure # 2

Picture

II

of _ _I_3-=------

AMSQE # 88()00012

Title:

Division Vehicle PIAA - Pedestrians·

Photograph of:

Front End of Vehicle 1 ·

Taken at:

Corner of 46th St. an<J 7th Ave. ·

Taken by:

Z/Sgt Rob~rt Myers ill

D.a te:

April 11' 2009

Enclosure # 2

Picture

I 2- of

/ .J
./

AMSQE # 88000012
Title:

Division Vehicle PIAA - Pedestrians

Photograph of: .

Right Side Front End of Vehicle 1 ·

· Taken at:
Taken by:.
Date:

Corner of 46 th St. and ih Ave.
Z/Sgt Robert Myers m
· April 11,.2009

Enclosure # 2

Picture

I :l

of _

___:_;13==----·_

AMSQE # 88000012 .
Title:

Division Vehicle PIAA - Pedestrians

Photograph of:

Left Side Front End of Vehicle 1

Taken at:

Corner.of 46th St. and 7th Ave.

Taken by:

Z/Sgt Robert Myers III ·

Date:

April 11, 2009.

GENL-4 ·(04/08)

ENCLOSURE # 3A

SUPPORTING DEPOSITION (CPL§ 100.20)
THE PEOPLE OF THE STATE OF NEW YORK
VS

DEFENDANT(S)

LOCATION OF INCIDENT:
STATE OF NEW YORK,
COUNTY OF

/4 P/ N

LOCAL CRIMINAL

/4-r

LOCATION OF DEPOSITION:
COURT

STATE OF NEW YORK

~AJ

COUNTY OF

OF

~-f"'l/. //2,r_ ,--Y

1

OF

NOTICE
(Penal Law Sec. 210.45)
In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has committed a

crime under ~e laws of tho stale of New York punishab~a•~c;1isdemeaoo7i•·
Affinned under penalty of pe~ury
this

/

d

day of

Ma: c..

'"ftilON I H

, 2008.

. ~
(SJGNA

d,

FDENENT>

,fa_~
.!..

- or·subscribed and Sworn to before me
this _ _ _ dayof _ _ __
• This form need be sworn to only when specificaUt required by the eourt.

ITION)

--------

GENL-4'(04/08)

ENCLOSURE # 38

SUPPORTING DEPOSITION (CPL§ 100.20)

.

.

THE PEOPLE OF THE STATE OF NEW YORK

VS.

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NOTICE
_
.
(Penal Law Sec. 210.45)
In a written instrument. any p~rson who knowingly makes a false statement which such person.does not believe to be true has committed a
crime under the laws of the state of New York punishable as a Clas A Mis emeanor.

Affirmed under penalty of perjury
this /;;)

~a,, 'l

day of ---"-~'--'--'--'-'--'----- ,2008.

~ or*Subscribed and Sworn to before me

TIME ENDED

~

this _ _ _ day of

;:. · 00

□ PM

• This fonn need

b e ~ to Ol'lly 'fdlen specif~Dy reqWred bylhe court.

N)

ENCLOSURE # 4

GENL-4•(04/08)

V'ork State Police

SUPPORTING DEPOSITION (CPL § 100.20~

Page 1 of

.

THE PEOPLE OF THE STATE OF NEW YORK

vs

DEFENDANT(S) ·

LOCATION OF INCIDENT:
STATE OF NEW YORK,
COUNTY OF

/J1/rfo'

LOCAL CRIMINAL

LOCATION OF DEPOSITION:
COURT

STATE OF NEW YORK

M~

COUNTY OF

OF

-~~
- ----'---'--------------1
OF

NOTICE
(Penal Law Sec. 210.46)
In a written Instrument, any person who knowingly makes a false statement which such person does not believ to be true has committed a
crime under the laws of the state of New York punishable as a Class A Mlsdemeano •

aco1

Affirmed under penalty of petjury /4,/,,, _' {
this
dayof _ _
~_1_t 7_ . ~

/d

-or•subscribed and Sworn to before me
this _ __ dayof _ __

TIME ENDED

_

• ThlS to,m'nffd bO......, to ooly......, speallcally ,eq• ll'K by the COU1I.

/; Jo

~

□ PM

ENCLOSURE # 5
GENL-4 (RE\I. 4/87)

StJPPORTING DEPOSITION (CPL §100.20)

New York State Police
COUNTY OF _ _ _ _ _ _ _ _ _ _ __

STATE OF NEW YORK
_ _ _ _ _ _ _ _ _ _ _ _ _ COURT
"PHE PEOPLE OF THE STATE OF NEW YORK
-

'VS.

_ _ _ _ _ _ _ of _ _ _ _ _ __

)
)
)

)

SUPPORTING DEPOSITION

---------------)
)

- - - - - - - - - - - - -- - )
(Defendant(s)

STATE OF NEmK
~
COUNTY OF
,OV\ ·

C \ :bl

or

)

)

ss.

roanhq:}-\an ~

NOTICE
(Penal Law §210.45)

In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has
committed a crime under the laws of the state of New York punishable as a Class A Misdem!!anor.
Affirmed under penalty or perjury .
this

/.;l

day of

A-,//k- l

-OR •subscribed and Sworn to before me
this _ _ _ _ dayof _ _ _ __ , !9 _ _ .

Page 1 - ORIGINAL

Page2-COPY

Page3-COPY

Page4-COPY

l:::NCLOSURE # 6

GENL-4 (04/08)

New York State Police

~UPP~RTING DEPOSITION (CPL§ 10C.

Page 1 of

THE PEOPLE OF THE STATE OF NEW YORK
VS

DEFENDANT(S)

LOCATION OF INCIDENT:.
STATE OF NEW YORK,
COUNTY OF

LOCAL CRIMINAL

#J Ll- I ~ f / ·

LOCATION OF DEPOSITION:

co URT

STATE OF NEW YORK

l

COUNTY OF

~~

OF

onlfk/41 lat

OF
TIME STARTED:

FULL NAME:

'

/:,SO

NOTICE

~u:s~abf:~= :~~a~~ ~o~~

In a written instrument. any person
who k nowmg
. 1y makes (Penal
Sec. 210.45)
•
a false Law
stateme
t hi h
crime under the laws of the state of New York

~

A~nne~ under penalty of perjury
this

11--/a, L _

dayof- or- ..JJONfli

.~

,

~ot believe to be true has committed a

1s

emeanor.

l...QrJI)&... Q:,rz_b 1n
'-l
(SIGNATURE OF DEPONElfT]

*Subscribed and Sworn to before me

TIME ENDED

this - - - - day of - - - - -

J:.s-r

• nus form need be

swom to ooly when .spec:i!icaUy required by the cowt

01\M
□ PM

GENL-4- (04/08)

m York State Police

ENCLOSURE # 7

SUPPORTING DEPOSITION (CPL§ 100.~

Page 1 of

.
THE PEOPLE OF THE STATE OF NEW YORK
VS

DEFENDANT(S)

LOCATION OF INCIDENT:
STATE OF NEW YORK,

COUNTY OF

LOCA T/ON OF DEPOSITION:

LOCAL CRIMINAL

COURT

STATE OF NEW YORK

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(Penal Law Sec. 210.45)
In a written Instrument, any person who knowingly makes a false statement which such person does not believe to be true has committed a
crime under the laws of the state of New York punishable as a Class A Misdemeanor.

Affinned under penalty of perjwy~at '(_,. ~
this /;),
day of
_
2'l88. ~/
-or-

™

•Subscribed and Sworn to before me
this _ _ _ day of

,

(SIGNAT\Jf!c Of DEPONENT)

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EN CLOSURE# 8A

,t;,,·-o-£ ...

~411212009 03:01
H292
NY1010001
Title
ACCIDENT - MV PEDESTRIAN, DIVISION VEHICLE - PIAA

Investigated By

CAPTAIN LISA D. LOUGHRAN, SENIOR INVESTIGATOR WILLIAM T. HODGE JR, ZONE SERGEANT ROBERl
MYERS Ill

Units Responded

UF

s
u
M
M
A

R
y

SJS#
DNA

Videotaped

Photos

I

0

I

Apparent Cause (Pending Investigation)
PENDING INVESTIGATION
County

NEWYORK

□
I

I #~ehides

I #~njured

I

# Deceased

0

crrNName
TVB - MANHATTAN NORTH -7211

Location\Street Name\Mile Post Marker
INTERSECTION OF 46TH ST AND 7TH AVE
Weather Conditions
1-CLEAR

I Road Conditions
1 - DRY

Description of Damage
NONE
Criminal Action

DNA
Narrative

ON APRIL 11, 2009, TPR JOSEPH C KOLEK WAS ASSIGNED TO ESD OUT OF NYC WHEN HE COMPLETED
HIS D12-7 SHIFT AND STAYED LATEAT HIS ASSIGNED STATION, 633 3RD AVE, NY, NYTO CATCH UP
ON PAPERWORK BEFORE HEADING TO WARDS ISLAND. AT 9:45 PM, TPR KOLEK WAS E/B ON 46TH ST
IN VEH 1, A DIVISION VEHICLE, 2005 CHEVY TAHOE, NY BBC3877, BEHIND AN UNK/UNINVOLVED
VEHICLE. AS VEH 1 PROCEEDED THROUGH THE INTERSECTION OF 7TH AVE, THE 1ST OF 2 LIGHTS
TURNED YELLOW. VEH 1 CONTINUED SIB AND AS HE PROCEEDED THROUGH THE 2ND LIGHT, WHICH
WAS ALSO CHANGING, THE VEHICLE IN FRONT OF HIM SLOWED SUDDENLY. TRAFFIC TRAVELING S/B
ON 7TH AVE BEGAN TO PROCEED AND A VEHICLE THAT WAS MOVING FASTER THAN THE OTHERS
ALMOST STRUCK THE DRIVER'S SIDE OF VEH 1. TPR KOLEK TOOK EVASIVE ACTION, ACCELERATED
AND STEERED TO THE RIGHT, AROUND THE VEHICLE IN FRONT OF HIS VEHICLE AND SUCCESSFULLY
AVOIDED BEING STRUCK BY ANY VEHICLES, HOWEVER, AS HE PROPERLY CORRECTED THE VEHICLE
AND CONTINUED SIB CLEARING THE INTERSECTION, 4 PEDESTRIANS ENTERED THE INTERSECTION
HEADING N/B FROM THE SOUTHERN CURB, IN FRONT OF VEH 1 AND WERE SUBSEQUENTLY STRUCK
AND SUFFERED MINOR INJURIES. ALL INJURED PARTIES WERE TRANSPORTED TO ST. LUKE'S
HOSPITAL BY AMBULANCE AND WERE TREATED FOR MINOR INJURIES AND ARE EXPECTED TO BE
RELEASED. TPR KOLEK SUFFERED NO INJURIES AND VEH 1 WAS DRIVEN FROM SCENE WITH NO
APPARENT DAMAGE. CAPT LISA D LOUGHRAN AND ZISGT ROBERT MYERS ADVISED AND
RESPONDED TO SCENE.
MAJ CHARLES M. DAY ALSO ADVISED

Authorized By
CAPTAIN LISA D. LOUGHRAN

Notification
TROOP

I Sent By
MYERS Ill ROBERT

ISent Date )I Sent Time
04/12/200 03:01

N"
A

2

ENCLOSURE # 8B

R
R

A

T
I
V
E

'.!DRJ~~!tr:i~".§lii.~1!~~!r~r._t~ :~i"':l~t~21Jki:ii~
, ,;~{:1~~-ti(·,J:')!f.}fc;tf'~l'•i~~::>::?\;Jf:·••!1~1r¥~~:'!lft•tr:o·~
1

Oriver's Name - Last

First

Ml

KOLEK

JOSEPH

Address

City

1220 WASHINGTON AVE

C

ALBANY
Chemical Test

License State

Violations

□

I

Oriver Member?

Cate Of Enlly

~

Member Shiel<!

Member Shift

C

07(0712.002

4853

1-DAY

L
E

Zip
12226
Driver Charged

□

NY

V
E
H

state
NY

~~~ti{t.f!fSJ\M~lJ~ff,,j)i;,,;~J ·~i{f .~1Ji:.~;JP<~~lii:0i.:di:J;1,;;&.:~j;;~Jtfk:Ji}?jJjiff'.·,&'J.il
Name• Last (exactly as printed on registration)

First

Ml

NYSP
001

Address

City

State

1220 WASHINGTON AVE

ALBANY

NY

jt~@~~~ij!8~~Jt.~!i~~t~,~;i.~l~~~l~~i&~fi~ii~~fr~iz?it~\~?~~~1~~~~f.tt~~ffi;~~~.:
License Plate#

POLICE

Stale

Vehicle Year

Make

VIN#

NY

2005

CHEV

1GNEK13T15J228786

Insurance Company and Code

Policy#

994 - GOVERNMENT OWNED
School Bus

□

Comm. Veh.

Mileage

□

SELF INSURED
NYSP Vehicle

~

Equipment Damage

05664

Front />Jr Bags Deployed

□

87993

VAN#

Equipment Damage Oesc.

Side Airbags Oeployed

Fire suppression Deployed

□

□

□

s

~,i.Jf.9liP.l~iell4!1f!K,sr~:!~~··•~, i'iJl.i.!P.iHl:IJ!f·~~~-Jf~£ ,~J: 1f'-J<~~;f:j!t~fi}
lnjurecl\Oeceased

Injured Deceased Name - Last

INJURED

CORBIN

First
FRANCOIS

Middle

p 1------..,_------------r-----''----------,.----.----''------I

E
R

s

0
N

. Age

Sex

M
Injured taken to (Medical Fac.ility)

ST LUKE'S HOSPITAL
001 Position In Veh!ele
Relative Notified

□

Seat Belt
SP Member\Emp!oyee

□

Rank

Shie!d

Ejected
ARS#

s ·
p
E

i~Q~P'l!~s~sJ:~i~~)Q~?~)(,t~~•q·~J~1~r'ltt~•,J'.'~~ :~f/!{E~?"P:

1

Injured D~ased Name - Last

First

CORBIN

ELIZABETH

ENCLOSURE # 8C

1--------'---------------.------''-----------------'-------1

R

s

Sex

0

I~

I• I ■ I

•1

I l

l

F

N
Injured taken to {Medical Facility)
ST LUKE'S HOSPITAL

002 Position in Vehicle

$eat Belt

Relalive Notified

SP Member\Employee

□

s

□

I ·

Rank

Shield

·,st

ed Deceased Name • Last

E
R

t--------'-------------r-:::::---.......-------r::'"'"'.'----ir-:::-'""=-"--:------1

s

0
N

Sex

F
Injured taken to (Me<fical Facility)
ST LUKE'S HOSPITAL

003 Position in Vehicle

In Custody

Re!alive Notified

□

SP Member\Emptoyee

~~-~)ti~W.1··

s

□

·e ·· ;•;r

ed\Decease

p

E
R

-

Rank

□

Race

Seat Bell
Shield

·"·:jjw.jQJ!ilTI§!~t-·:.,:·=trj.;·t}t ·/~r~:·~;iJ:~!: ·~·;:· .

jured Deceased Name - Last

Ejected
ARS II

~i~~~ii}&.!~~; -

ti'JI

t

RETIE

L------..L.-----------.. . . -----'"-----------,...--...... Zip Code

.....1.------1

s

0
N

iddle

OOIBE

N

p

Ejected

Sex
F
Injured taken to (Medical Facilily)
ST LUKE'S HOSPITAL

004 Position In Vehicle
Relative Nollfied

□

Seat Bell
SP Membel\Employee

□

Rank

Shfeld

Ejected

ARS#

Kastle Systeim: WebLink History Search

ENCLOSURE # 9

Kastle Systems History Report for Bobby Valentin

from 4/11/2009 12:00:00 AM to 4/11/2009 11 :59:59 PM ast
Dato and Time

Na1111>
..,_

CardNumber

Org

Locl<outReason

Rcad•r

~

4/11/2009 9:20:04 AM

KOLEK.JOSEPH

59-10114

GOVERNORS

4111/2009 9'20:13 /JM

KOLEK.JOSEPH

59-10114

GOVERNORS

4111/2009 10:00:04 AM

KOLEK.JOSEPH

59-10114

GO\IERNORS

4/11/200911:43:23AM

KOLEK.JOSEPH

00.10114

GOVERNORS

4111/2009 11:-43:33 AM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/11/2009 12:09-.53 PM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/11/2009 4:40:39 PM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/11/2009 4:40:43 PM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/11!2009 8:36:09 PM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/11/2009 8:42:44 PM

KOLEK.JOSEPH

59-10114

GOVERNORS

4/1112009 8:54:04 PM

KOLEK.JOSEPH

59-10114

.GOVERNORS

There were 11 records found.

Whal is Ibis ?

Search Parameteis for This Report
From 633 Third Ave New York NY
Card ac;tivity on NAME kolek
ORGAc;tuat& (ACTUATE),Aegls Consulting (AEGIS),American Counc;ij ofleamed Societies (ACLS),Audrey Golden (AUDREY),B,tguglfoAssociates
(BRIGUGUO),casa (CASA),Chlna Alrllnos (CHINAAIRL),Colllns Building Strvlces (COLUNS),Comptroniu's Office CCOMPTROLL).Conforence of Pruldents

CCONFPRES),Emplre Stato Development Corp. (EMPIRESTA),First AAW~n Tiile Corp. (FATCJ,FirstAmerlcan Tltle Corp. [BLDG Cards) lfATC21,Frnh Air Fund
(FAF),Gem,~n TV (GERMAN iV),Govemor's Offlc:e (GOVERNORS).Govemor's Office [offllne 65) (GOVERNORS),Hlgh Country Property LLC (HICO),Homeland
Security CHOMELANDJ.Laurel Ridge Asset Management L. P. (LAURELRID),Mmaorial Sloan Kettering (MSK),Misslon of Liechtenstein (UECHTENS),MountSlllai
(SINAl),New York !:lusinoss Development (NYBD).SUNY (SUNY),Sallbello & Broder {SAUBELLO),SandhurstAssoclates LTD (SANDHURST).Swlss Consulate
(SWISSCON),Swiss Mission CSWISSMISS),Tlle American Committff for the Weizmann lns1itutll of Science !WEIZMANN),Trac Lease Inc. {TRACLEASE!,UNICEF
CUNICEFJ,Unton for Refonn Judaism (offilne code: 75) IURJ},Unlon forRefi)rmJudaism [offline c:ode: 99) (URJ),Vanguanl CVANGUARDJ,Veruon (VERIZON),World
Zionist Organization (WZO)

I ofl

4/14/~QQ9 1:01 PM

. ·- · ·

,-

.... ~u••v _ .. t,I.IUllt'III Ut

M0tOt v an1c,es

ENCLOSURE # 1 0A

POLICE A CCIDENT REPORT (NYC)

Precinct

1-----'---=-----1..--· - - -- ~ MV-104AN (5/04)

l:n,

I

.

19

~

-· _.,.._._ -

·

□

C',tyc<Town

24

IRS.Code

5

T~A<resl
Numbal{s)

lld<eVArrcst
Numbe,(s)

Voolatlon

V10!2li0n

~~
~~
~1--r-,.,.:..:...-,...,.---,-----:- - - . - , - ~---,-----,-~---:---'----__:.;_-,------ - ----:--~--:-:--,----:-Checl( ii involved vehicle is:

6

D more lhan 95 inches wide;
V □ more lhan 34 feet long;
E D operated wilh an overweight permit;
H □ ciperatsd with an oveidimension pennil .

I
VEHICLE 1 DAMAGE COD'ES
CL Box 1 - Poinl of Impact
..;_
Box2-MostDamage
er
E Ent!)( up lo thr~
3
. ·4
more pamage Codes
_.

7

\2n
4

5

V

E

·

Check If lnvol-led venicte is:
□ more than 95 lncnes wide;
□ more lhan 34 leet long;
□ operaled with an overweight permit;
□ operaled with an overdimenslon permit

H
.......- -----..;-7 3. ....._
1.
-.....
I 1--- -V;..;E;;;.H.:..clCL
= E;;;...2;..;;,,
0..
A'-'-M""'
A_G_E...,C,.;0'-'0'-'E'-'S-r-- - i
Left Tum
C Box
Point of Impact
-1
2
(same recrton)
"t'fL Bol(2-Most 0amage
·- · ~. 2. .,._
o. -~

l-

E

1--------'-- . . . .---''----t 2

Enter up lo three
more Damage Codes

Vehicle

By

. Vehlclo

By

Towod:

To

Towed:

To

3

4

.5

ACCIDEtfJl'LRAMJ
;;:,,-

<_

.

£1 ~ ":t.

t:

1-13. SEE DIAGRAM ON RIGHT.

16. OVERTURNED

17. DE.MOUSHEO
18. NO DAMAGE
19. OTHER

!·

1---+--

-+--

Coordinates (if available)
L.atitude/North!ng:

.

n

s.

~

r

1.

kA,.,.lgh..,...,.,tT=-um--+S;;;Jd7 es
_wl_,p-0---r~2~6'
~ (opposlt• direction)
6.
e. - . ~

..-J>4.

o

27

4V
{)..-

\

C!l
20

9.

, Cost ofrepairs to any one vehicle will be more than $10 0.

D Unknown/Unable to Determine

••
Reference Mar1<er

f

Sloo~Tm

VEHICLE DAMAGE COOING:
14. UNDERCARRIAGE
_15. TRAlt!=R

~
-t •

Clrcte the dlagram below that describes the acciden\, or draw your own
diagram in
ce #9. Number tho vehicles.
Rear End
LefttT"m
Right Angle .
Righi Tvm HeadOll .
......,_ ~
?,
~~

0 BRONX O KINGS 'IS.:liEW YORK
Road on which accident occurred_~~'--l:::J
--'--'16;;1· --S:....-ri...:...;.r.,..;:e::;.'\Q.~;;,...;;.
_

Place Where Accldenl· Occurred:

· □ Yes

iJ 9UEENS

d

No

..

□ RICHMOND

r____________ _

(Ro!Jlo Number or Slteet Name) ·

29

1---tLongilude/Easllng:

A
·L A
L B

~

i

~

E

C
D

E

0 F

--- --

- -

Precinct

03030

(){

L(

Post/Seclor

\.I

Reviewing
O!licer

c;qf

Date/Time Reviewed

Pier~

q/17-/tJcf

ENCLOSURE# 108
~i"2,

DI

Pr«i,:d

7P~
o· l (.,.J.
· . '1

Aa:ldGDI~

~"'

~

York Sislb Coportment oi Motor Vehlclin

'30LICE ACCIDENT REPORT (NYC)'

I

1eo.-.1i:i,;r,,1

MV-104AN (S/04)
• •□

..__ _ __ __ _ _J ••N,..,ij:;;;••=obtl:::.r_ _ _ _ _.J_

19

·

f&M)=t,9•f:ffi/i/#fa{;~
Pcl!QG Pn•lalj . ·

Sconu

□
□

□v~RlNg

OTliER PEDESTRIAN

~EOESTFIIAN

BICYCI.IST

SUila 01 Uc.

E2,l>~~&f

21

101\iUIM:f

-.

'ffckllVlllnlal
Hun'b;,(d)

6.

~ k II illvolved veh!ao Is:

c morti lhan os'lnchllll wide;
V □ mote than 34 fool long;
& Cl ~r.lled wllh an oveiwalght permit;
H C ~ wltl'I an overdrnilnolco pecmlL
I
VE111CU: 1 DAMAGl, CODES

V

o mo,11 lhan ss lnchei; wlde;

Check u Involved vellii;lll iS:

Clrcle lllfl dlaoram below I.bat dl)Sorfb8$ lhu occident, or drnw your o'Nn
dl.'lpram Ins
R9. Numbut 1h11 v~hlcluii.
•

Q more lhllll 34 fe;,t loll{);

R6G/ Ei\d

I! Cl op&rol&ld with an overwaiglit pen,,lt: ·
,H □ O/Mlfillod witll ert overaimenslon ,;rtnlt

I

VeHlct.E2 DAMAGE CODES

1~

LtlN''nlM

~ ~.

1---"""""-------,........:..:;....;;:.=...;~=a..,-.,...-i

Rl()tlt Mglt,

'f

~

Rlot,t T\lffl
~

Wocall On

t. ;If' ·

7•

-►

J.,all 1\J,n

_..

-

~
""

-=

1__,____ (Dppoo)l&dln,oljo/1)

1
2
C 8oic 1 • Polnl of Impact
2
C Boie 1 • Polll\ of Impact
~ ~ •.,
6, ~ a.
~
. L BlllC2 • Most0amoga
L BOX2-MoaDa~glt
... 'l'i '
..
___.
6 Enler UJ) to thtea
r--3,...-1-_---4-1-5::-1 E Enter lip lo ttlnle
r-:3=-l-4-=-t-s=-+i=~~~O;dlAGl.,;;-RA;.,ll,i'~--'-'"--------:~'"'---i.::;;.-_,;:;;_----;-r--

1 1'1)0(& pa,nage Codes
Val'lld•
lly

__
e_eoo
_ a_s....,_...__ _,___-1
2 ·1-rooJ1--&_0&mao
Velllclt, 1!v

T0\11\ld:

27

T-d:

To

To

VEHlct..E DAMAGE COOING!
1•13. SEE DIAGRAM ON RIGHT.

DEMO!-ISHeb
H.1: NOOAMAGe· ·
10. Olrll:R

i4. UNDERCARRIAGE • 17.

)5. TFWl:.l:R
·
16. OVERTURNED

·.-'

9.

;?8

Cost of'rapairs to any ane vehlcl& will be more than $1000:
0 Unlm0Wlll1.lnabl&toOetermlne
□Yes
0 -No

Flelerenca Mlllker Coordinalee (If ava/fabfaJ Place Where Acc(dent occurre(f: □ BRONX □ KlNGS
□ NEW YORK
O QUEENS □ RICHMOND .
l.:i~IUdo/Northlng:
Roe.don which aceldentoccU1T~..___ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _____ ,

29

(l'IOU\8 NuMb.;r r,/' Slill6l N;,rru,)

.

'I'·

! ·1

al1)interiiecUngslles1 _ _.__ _ _ _ _ _ _ _ _ _ _ _~ - . , . . , . - - , - - - ~ - - - - - - - {RoutQ Numlm or Slrt~ Name)
ON □ S
ot 2
□ E IJW

'•
---1----+----iLongilude/l!aellng:

Accidant DeacrlpUon/Olrar'a Noles

• U:f;j

1------------------=----- --------- -------.. . . .- ----------1 =
-------,-----'--------- - - - - - - - - - - - - - - --0
a
9

10

1,

12

19

1<1

H

16

17

BY

TO 18

Namsa of an Involved

OateotOu1h Onlv

A A

.

L

B

~ C

~

0

l

e

.

j F
OlfiC6f'sRank
and &

Si□nalure

PllntNal'll\l

Tax ID No.

NClCNo. Precinct

Por.t/Sedof Revlewlog
Olfk:a(

03030

Oat.mm• Re'lllewed

ENCLOSURE# 10C
19

A-r·

Day cl Week'

Ye~{

.

/<lq, l(j,ltd

Q
□

VE!HICLE 1

Nr:t lnvu,:dg.i,..i •• Scfr1\

•• RtlOOl\alN~lod O ••••

BICYClJSl' .

1>1:oas·n~IAN

21
AP'-

Cl-

□

Ill&.~

llek1t/Arl9Sl
Nurr.bGl(s)
25
0

Chec:JI Nlnvolv8d 'rlltlk:hl ts:
0 n10ra than 85 incllea wide;
V □ more than :34 foiit lang;
E □ cporuted wllh an oveMlllghl p.3,m11:
H C ·
lad wl1h an ovi.rd"tmt111llon wnnit.
I
\'allCLE 1 DAMAGE CODES
C
L

e

To

To

VEHICLE DAMAGE COOING:

1-1S. S E!: OJAGRAM ON R/Glff.
l4, UNOl:ACAARl>.G!: 17, OEMOLISHEO
.1S. TRAltER
1a: NO DAW.:Ge.

1~ OVERTIJRNED

s.

19. Ol'HEA

8

.

C<>St'Of ·repalis to any orie vehicle win be more 1han.$1000. ·
□ Unknown/Unable to Determine

□Yea

D No

Ref&tence Morlcer Coordltl:itas {If avsilub/11) Plc1c:e Where Accident OCCUl'l'ed: □ BRONX
□ KINGS
c::1 NSW YORK tl QUEENS O RICHMOND
29
:
Lailwde/Noc1hlng;
Roadonwhlch~n!occuttiid,
_
_
_
_
_
_
_
__
--::-_-:-:--:--::--- - : ~ - : - - - - -- - - - -·t
:
(Routo Numb4ror 6lree! Nome)
• •
I

.

...

·1

at1)inlerseainoSlr8&t_-'-_..........._ __ _ _ _ _ __ _ _ _ _ _ _ _ __ __ _ _ _ _ __

!

(Roulq Numbar or Stmst Namo)

f---+---'1---1-~Longltude/EasU119:

Accident D~don/Offlcer's Noies
•,io;

1----- ---------------'-- ------~- ---- - - ----- -------------1=
i . __

8

_ __ . . __ _ _~ - - - - , - --

8

10

.

11

12

13

14

15

6

17

BY

T

18

-

-~ - - - - '

N:\mesolaUlnvolvfld

l. 8

111x ID No.
Pl'1ntNaMI!

NCIC No. Ptacincl

03030

Poi;VS,aor Reviewing
Officer

0

DateofDealhOn

Clatl!/Tirno flev!ewed

ENCLOSURE # 1 OD

t,1.1.

ITl:R NSURANCE'. roucY NUMB~~ FROM INSURANCE IDENTIFICATION CARD, EXPIRATION DATE (!N AU CASl:S), AIIID VI~'.·
hlcle ~o. 1 _ _ __ _ _ _ _, _ _ _ _ _ _ _ __ Vehicle No.2 _ _ _ _ __ __ ___,_ _ _ __ _ _ __

:l~tir
I

Expisallon Date _ _ _ _ _ _ _ _ _ _ _-

Qate

VlN _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

I

lTNE~S {Attach separate stieet, if necessary)

I

mo

Addn,~

JPLlfATE COPY REQOIRl:D FOR:
I Dept. of Motor Vehlcles
frf ryone is killed/injured)
I <?!flee of Comptroller
(if ~ City vehicle lnvolve~)

□ Motor Transport OMslon

(P.O. vehicle Involved)'

0 Personnel Safe~ Unit

Cl NYC Taxi & Limousine. Comm. □ Other City Agency
(if a Licensed taxi.or limousine
(Specify)

D

involved)
Highway Unit _ __ __

(if a P.D. vehicle Involved)

OTIF\CATIONS: (Enter name, address, and relaUoriship 'of friend or relalive notified. ff alc/ed person Is unldenUlied, ll$t MiSSing Person Squad member who
no,lled. In either c.ise, 91Ye date and Umo of noUOcadon.)
.
.
.
·
.

iS

ROPTnrv DAMAGED (other tha~ vehicles)

.

: NY O VEHICLE IS INVOLVED:
'clice

hiclo--Operstor•~ F'lts( N~m41.

OWNl:R .OF PROfERTY (Include cily agency, where eppllcable)

Rani(

L!lstNarne

Type of Vehlcla

Co1nrn~d

tlepL Vehicle Nu.

Pl3111 Na.

AS,T911ad To What Comnlilnd

•ti~miitll In u~AI Time or Accident

I.

□ Slr6n

O Hom

0 Tun'8lLlgh!

0

4-Way Fl<1Sl'lir

0 Hl(Jh•Lev11\ Warning Lights

D Tral!icCone\l

~CTI NS OF POLICE VEHICLE

D C0mplyln9 wllh Slallon House Pimcliva
0
V-1

RouUne Palrol

•·.

ENCLOSURE # 1 OE

New York State Deparfment of Motor Vehicles

REPORT OF .MOTOR VEHICLE ACCIDEN_T
POLICE LINE OF DUTY ACCIDENT

□
Page . /
Preeinct

of

I

/

AMENDED Rf=PORT

Pages

r-·

Locel Accident Number

IMPORTANT: If you are the officer In charge, complete and sign
this form, and attach it lo the MV-104A or MV-104AN.
\

. Accident Dale

Accident Time

In
M~itary

Time

Z

Co
~ ~
.,;,~

NAMES OF DRJVERS: (Please Print or Type)

*
VEH1

~
VEH2

□

. VEH3

□
VEHS

□
.VEH6

□

.

.·

.

Pursuant to Section 605 of the Ne~ York state Vehicle Efld Traffic Law, the attached Police Accident Report
is also the motorist report for vehicle number(s)
•I
:
.

*p~rsuant to Section 605(a)(4) of the V~hicle and Traffic Law, check only the box for each _pol.ice officer operating a
. poil~ vehicle (as defln~d by V .& T Section 132-a) during emergency operation (as defined by.V & T Section 114-b)
when the accident occ.urred.
Dalo

·

·
ency Representative

Y/2-3t
MV·104l.(4/07)

www.nysdmv.com·

NCIC#

ENCLOSURE # 11

~~~jh

INC1DE hff R l.:PO F..T

Page___.l...___of _ _ /_ _
Incident Category: Crime o ~ _ )
(Circle qne)

f - //-09

Date Reported:
Date Occurred:

Incident Description:

Time Reported:

.2 i Jf5 i1R 5

Time Occurred:

11 ±5 IfI< s

1/- /1 -ot?

Incidentlocation:

Ve hj (! le.. Ace j Je. I\ t

w·esf ft,-,,.-{ 1/J,..,

Cross Street: _ __ _ _ _ __

Complainant: Name _ __ _ __ _ __

Phone# _ _ _ _ _ __ _ _ _

Address: _ _ __ _ _ _ __ _ _ __ _..;...__ _ state:._ _ _ _ _ Zip Code: _ __ _ _ _

Reporting Officer:

0G, 1. M ooR €..f(£AD

Badge# _-==3 " - - - - --

Witness: Name _ _ _ _ __ _ _ _ _ __

Phone# _ __ _ _ __

Suspecr(s): (1) _ _ _ _ __ __ _ _ __ _ __ _ __ _ __ _ __ __ _ _ _ _ __

(2>-- - -- - - - - - -- - - -- ----.-- - -- - - - -- - Details: {Who, What, Where, When, How)

wll.:rc.fl-

/3€,-

G

STRuc K,

ASE WAS NOTIFLED
lt770N 71-1£

(! . E.vV

r7lf~-

City Agencies On The S c e n e ~ NYTPD: _ _ _ _ EMS:

Supervisor's Signature: - - - e ~.J,,4-q..,.,,~-_
,--.-;;
_ _ _ _ _ _ _ _ __

.... *~**·; Arrest Made: Yes

... ~ -

i No : . /

_ _ _ _ _ _ _ _ _ _ __

Assist Arrest Made: Yes _ _
- _-=·· _ No -·~(For Supervisor's Only)

-..

t1/

.·.. . - . -·

--

ENCLOSURE # 12

C(JIJKi

THE PEOPLE OF THE STATE OF NEW YORK

-vs.-SUPPORTING DEPOSIDON

- - -- - - - -- -•-·.--•-(Defendant
STATE Of NEW YORK
COUNTY OF - - - ------·-·······_ _ _ _ _ _ _ of _ _ _ _ _ __

ss.

~1'ATF.

y

state the follow;ng; eJrJ~flTJJ8.B.ti.'( __ p~z~ ll,t200I/ A-rAP,0/?0XZM,A:T,E.c.v 213/S" /k2.s,
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NCYrICE
(Penal Law Scc.210.45)
In a wri~en instrument, any person who kno-i· \gly makes a false statement which such person does not believe to be true

bas committed a crime under the la-ws of the state : New York punishable as a Cla.~ A Misdem~or.
Afftn:ned under penally ofperjury

this _ __ _ day of~
. _ _ __ _ , W =-•

--0~~Subscribed
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