Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020
Exhibit “4”
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
3 -------------------------------------------X
RAFIK ARABOV,
4
PLAINTIFF,
5
-against- Index No.:
6 705559/19
7 THE CITY OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT and PATRICK LACRUZ,
8
DEFENDANTS.
9 -------------------------------------------X
10
11 DATE: March 4, 2020
12 TIME: 10:28 A.M.
13
14
15 EXAMINATION BEFORE TRIAL of the
16 Defendant, PATRICK LACRUZ, taken by the
17 Plaintiff, pursuant to Court Order, held at
18 the offices of the New York City Law
19 Department, 89-17 Sutphin Boulevard,
20 Jamaica, New York 11435, before Paul
21 Senetto, a Notary Public of the State of New
22 York.
23
24
25
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2 A P P E A R A N C E S:
3
4 SPAR & BERNSTEIN, P.C.
Attorneys for the Plaintiff
5 RAFIK ARABOV
225 Broadway, 5th Floor
6 New York, New York 10007
BY: DAVID LEVY, ESQ.
7
8
9 JAMES E. JOHNSON, ESQ.
CORPORATION COUNSEL
10 NEW YORK CITY LAW DEPARTMENT
Attorney for the Defendants
11 THE CITY OF NEW YORK, NYPD and
PATRICK LACRUZ
12 100 Church Street
New York, New York 10007
13 BY: LEAH FRANKEL, ESQ., of Counsel
14
15 * * *
16
17
18
19
20
21
22
23
24
25
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No
4 objections shall be made at a deposition
except those which, pursuant to subdivision
5 (b), (c) or (d) of Rule 3115 of the Civil
Practice Law and Rules, would be waived if
6 not interposed, and except in compliance
with subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall be
given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent
and, at the request of the questioning
13 attorney, shall include a clear statement as
to any defect in form or other basis of
14 error or irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this rule,
15 during the course of the examination persons
in attendance shall not make statements or
16 comments that interfere with the
questioning.
17 221.2 Refusal to answer when objection is
made A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to any
21 person. An attorney shall not direct a
deponent not to answer except as provided in
22 CPLR Rule 3115 or this subdivision. Any
refusal to answer or direction not to answer
23 shall be accompanied by a succinct and clear
statement of the basis therefor. If the
24 deponent does not answer a question, the
examining party shall have the right to
25 complete the remainder of the deposition.
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties consent
or the communication is made for the purpose
6 of determining whether the question should
not be answered on the grounds set forth in
7 section 221.2 of these rules and, in such
event, the reason for the communication
8 shall be stated for the record succinctly
and clearly.
9
10
11 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before any
12 Notary Public with the same force and effect
as if signed before a clerk or a Judge of
13 the court.
14
IT IS FURTHER STIPULATED AND AGREED
15 that the examination before trial may be
utilized for all purposes as provided by the
16 CPLR.
17
IT IS FURTHER STIPULATED AND AGREED
18 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
19 appropriate sections of the CPLR shall be
controlling with respect hereto.
20
21 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
22 parties hereto that a copy of this
examination shall be furnished, without
23 charge, to the attorneys representing the
witness testifying herein.
24
25
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1 P. LACRUZ
2 (Whereupon, the response to
3 preliminary conference order was
4 premarked as Plaintiff's Exhibit 1 for
5 identification as of this date by the
6 Reporter.)
7 (Whereupon, the supplemental
8 response to PC order was premarked as
9 Plaintiff's Exhibit 2 for
10 identification as of this date by the
11 Reporter.)
12 P A T R I C K L A C R U Z, called as a
13 witness, having been first duly sworn by a
14 Notary Public of the State of New York, was
15 examined and testified as follows:
16 EXAMINATION BY
17 MR. LEVY:
18 Q. Please state your name for the
19 record.
20 A. Officer Patrick Lacruz, Badge
21 Number 13429.
22 Q. What is your business address?
23 A. One LeFrak City Plaza, Queens, New
24 York.
25 Q. Good morning. My name is David
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1 P. LACRUZ
2 Levy. I have been retained by the plaintiff
3 in this matter, Rafik Arabov, to represent
4 him in a motor vehicle accident that
5 occurred on November 25, 2018. Before we
6 begin, I want to go over some ground rules
7 with you. First of all, have you ever been
8 deposed before?
9 A. No.
10 Q. To the right of me, there is a
11 court reporter. He will be transcribing
12 every word that's said here. In order for
13 him to get a clear record, it's very
14 important that we don't talk over each
15 other. So I request that you listen to my
16 questions. Wait for me to finish even
17 though you might think you know where I am
18 going, please wait for me to finish and then
19 give an answer afterwards. Additionally,
20 you have to verbalize your answers. No hand
21 gestures. Try and say yes or no, completely
22 verbalized, so there is no ambiguity in what
23 you are answering. If you don't understand
24 my questions, let me know and I will
25 rephrase or ask it differently so you do
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020
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1 P. LACRUZ
2 understand it. Otherwise, if you answer a
3 question, I am going to assume that you
4 understood what the question was. Do you
5 understand what I have asked you?
6 A. Yes.
7 Q. At any point in time, if you want
8 to take a break, just let me know. We'll
9 take that break. All that I ask is if
10 there's a pending question, answer the
11 question first and then we'll take our
12 break.
13 A. Okay.
14 Q. Do you understand that you are
15 under oath today?
16 A. Yes.
17 Q. Do you understand that that means
18 you were sworn to tell the truth today?
19 A. Yes.
20 Q. Do you understand that your
21 testimony here today can and will be used at
22 trial at some point in time?
23 A. Yes.
24 Q. Your testimony here today will
25 have the same effect and weight as if you
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020
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1 P. LACRUZ
2 are testifying in front of a judge.
3 A. Yes.
4 Q. Is there any reason why you
5 wouldn't be able to give me full, fair and
6 honest answers here today?
7 A. Absolutely not.
8 Q. When did you first learn about
9 today's deposition?
10 A. I don't remember the date, but a
11 couple months after the accident.
12 Q. After the accident, you learned
13 about this deposition or the lawsuit?
14 A. When I was notified last week,
15 February 25, I believe.
16 Q. Did you do anything to prepare for
17 today?
18 MS. FRANKEL: Aside from our
19 conversation this morning, before
20 today.
21 A. No.
22 Q. Did you look at any documents?
23 A. No.
24 Q. You mentioned your name on the
25 record, Patrick Lacruz. Did you ever go by
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020
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1 P. LACRUZ
2 any other names?
3 A. No.
4 Q. How old are you?
5 MR. LEVY: You can redact the
6 date?
7 (Whereupon, the answer was given
8 off the record.)
9 Q. The address that you gave, is that
10 a business address?
11 A. Yes.
12 MR. LEVY: Counsel, do you agree
13 to accept service on his behalf in case
14 he is no longer employed?
15 MS. FRANKEL: Yes.
16 Q. Where do you work?
17 A. 110th Precinct.
18 Q. New York City Police Department?
19 A. Yes.
20 Q. How long have you been an employee
21 of the New York City Police Department?
22 A. Two years. Now, third year, but
23 officially, two years.
24 Q. What is your current rank or
25 title?
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1 P. LACRUZ
2 A. Police officer.
3 Q. What was your rank or title on
4 November 25, 2018?
5 A. Probationary police officer.
6 Q. What is the difference between a
7 probationary police officer and police
8 officer?
9 A. Upon serving two years of service,
10 you are clear of probationary. You have two
11 years being on probation, and after two
12 years, you are clear. You earn the title of
13 full police officer.
14 Q. When did you clear probation?
15 A. Last October, October 17, 2019.
16 Q. Is it fair to say you entered the
17 police force in October of 2017?
18 A. Yes.
19 Q. Since October 17, 2019, have you
20 been a police officer?
21 A. Yes.
22 Q. What is your highest level of
23 education?
24 A. Bachelor's.
25 Q. In what?
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1 P. LACRUZ
2 A. Criminal justice.
3 Q. Where did you go?
4 A. John Jay.
5 Q. Do you have an office?
6 THE WITNESS: I'm sorry.
7 Q. Do you currently have an office
8 where you work?
9 A. No.
10 Q. Did you have an office at some
11 point around November 2018?
12 A. No.
13 Q. Who was your supervisor?
14 THE WITNESS: During the time?
15 MR. LEVY: For now, today.
16 A. Sergeant Logan.
17 Q. L-O-G-A-N?
18 A. Yes.
19 Q. Was he or she your supervisor in
20 November 2018?
21 A. No.
22 Q. Who was your supervisor back then?
23 A. Could be more than one person. He
24 is Markowitz.
25 Q. Can you spell it, please.
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1 P. LACRUZ
2 A. M-A-R-K-O-W-I-T-Z.
3 Q. What is Sergeant Markowitz's rank
4 or title?
5 A. Sergeant.
6 Q. Sergeant Markowitz was the person
7 that you would report to?
8 A. Yes, immediate supervisor.
9 Q. When did sergeant Sergeant
10 Markowitz cease being your supervisor?
11 A. When I started, because the
12 department work with squad. It was a squad.
13 I was placed on a squad from field training.
14 Q. He was your supervisor up until
15 October 2019?
16 A. I don't recall.
17 Q. Did you have to undergo any
18 specific type of training to become a police
19 officer?
20 A. Yes.
21 Q. What kind of training?
22 A. Six months academy.
23 Q. When did that training begin?
24 A. October 17, 18, 2017.
25 Q. Is that on or around the same time
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2 you became a probationary police officer?
3 A. Yes.
4 Q. Is it fair to say people are
5 handed the rank of probationary police
6 officer while they're still in the police
7 academy?
8 A. Yes.
9 Q. After that six-month period of
10 time ended, what happens next?
11 A. You go to a command, and you are
12 placed in a vehicle with a senior
13 supervisor, also known as field training,
14 for another period of six months.
15 Q. Six months in the academy and six
16 months in the field with the supervisor for
17 a total of one year?
18 A. Yes. To elaborate, the next
19 following year, it's you and another senior
20 officer on a daily basis to show what you
21 learned, which would complete the two-year
22 sequence of probation.
23 Q. That first year, six months in the
24 academy and six months with field training,
25 when did that first year end? Do you
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1 P. LACRUZ
2 remember if it was on or before this
3 accident?
4 A. October to April. Graduate from
5 the academy in April. October.
6 MS. FRANKEL: If you need to
7 think, don't do it out loud. Do it in
8 your head.
9 Q. You're saying the accident
10 happened after the year finished, right?
11 A. Yes.
12 Q. You finished your one year of
13 probation in October 2018?
14 A. Correct.
15 Q. Sergeant Markowitz, was he your
16 supervisor for the entire two years, or did
17 he become your supervisor after that first
18 year?
19 A. He was my supervisor for that
20 year.
21 Q. The second or first year?
22 A. For the second year.
23 Q. You had a different supervisor
24 before?
25 A. Correct.
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1 P. LACRUZ
2 Q. Do you remember the name of that
3 supervisor?
4 A. Upon completion of the academy,
5 the way field training is breakdown (sic) is
6 two months day tour, two months afternoon,
7 and two months midnight. Every two months I
8 would have a different supervisor.
9 Q. What changed after October 2018
10 when you had finished that first year?
11 A. Assigned to Squad Two with
12 Sergeant Markowitz.
13 Q. What is Squad Two? What does that
14 mean?
15 A. Third platoon, which is the
16 afternoon shift, we are the second squad of
17 that shift.
18 Q. How many shifts are there?
19 A. Three.
20 Q. Squads One, Squad Two, Squad
21 Three?
22 A. Yes.
23 Q. How many officers per squad?
24 A. I don't know the numbers. Could
25 be 15 and up.
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1 P. LACRUZ
2 Q. Squad Two, the one that you were
3 assigned to, the afternoon shift, what are
4 the hours?
5 A. That would be 3 o'clock to 2235,
6 which is 11:35. Also known as the "four by"
7 schedule.
8 MS. FRANKEL: Is
Preview
FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Exhibit “4” FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 3 -------------------------------------------X RAFIK ARABOV, 4 PLAINTIFF, 5 -against- Index No.: 6 705559/19 7 THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT and PATRICK LACRUZ, 8 DEFENDANTS. 9 -------------------------------------------X 10 11 DATE: March 4, 2020 12 TIME: 10:28 A.M. 13 14 15 EXAMINATION BEFORE TRIAL of the 16 Defendant, PATRICK LACRUZ, taken by the 17 Plaintiff, pursuant to Court Order, held at 18 the offices of the New York City Law 19 Department, 89-17 Sutphin Boulevard, 20 Jamaica, New York 11435, before Paul 21 Senetto, a Notary Public of the State of New 22 York. 23 24 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 2 1 2 A P P E A R A N C E S: 3 4 SPAR & BERNSTEIN, P.C. Attorneys for the Plaintiff 5 RAFIK ARABOV 225 Broadway, 5th Floor 6 New York, New York 10007 BY: DAVID LEVY, ESQ. 7 8 9 JAMES E. JOHNSON, ESQ. CORPORATION COUNSEL 10 NEW YORK CITY LAW DEPARTMENT Attorney for the Defendants 11 THE CITY OF NEW YORK, NYPD and PATRICK LACRUZ 12 100 Church Street New York, New York 10007 13 BY: LEAH FRANKEL, ESQ., of Counsel 14 15 * * * 16 17 18 19 20 21 22 23 24 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No 4 objections shall be made at a deposition except those which, pursuant to subdivision 5 (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if 6 not interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning 13 attorney, shall include a clear statement as to any defect in form or other basis of 14 error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, 15 during the course of the examination persons in attendance shall not make statements or 16 comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to any 21 person. An attorney shall not direct a deponent not to answer except as provided in 22 CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 23 shall be accompanied by a succinct and clear statement of the basis therefor. If the 24 deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for the purpose 6 of determining whether the question should not be answered on the grounds set forth in 7 section 221.2 of these rules and, in such event, the reason for the communication 8 shall be stated for the record succinctly and clearly. 9 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any 12 Notary Public with the same force and effect as if signed before a clerk or a Judge of 13 the court. 14 IT IS FURTHER STIPULATED AND AGREED 15 that the examination before trial may be utilized for all purposes as provided by the 16 CPLR. 17 IT IS FURTHER STIPULATED AND AGREED 18 that all rights provided to all parties by the CPLR cannot be deemed waived and the 19 appropriate sections of the CPLR shall be controlling with respect hereto. 20 21 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 22 parties hereto that a copy of this examination shall be furnished, without 23 charge, to the attorneys representing the witness testifying herein. 24 25 Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 5 1 P. LACRUZ 2 (Whereupon, the response to 3 preliminary conference order was 4 premarked as Plaintiff's Exhibit 1 for 5 identification as of this date by the 6 Reporter.) 7 (Whereupon, the supplemental 8 response to PC order was premarked as 9 Plaintiff's Exhibit 2 for 10 identification as of this date by the 11 Reporter.) 12 P A T R I C K L A C R U Z, called as a 13 witness, having been first duly sworn by a 14 Notary Public of the State of New York, was 15 examined and testified as follows: 16 EXAMINATION BY 17 MR. LEVY: 18 Q. Please state your name for the 19 record. 20 A. Officer Patrick Lacruz, Badge 21 Number 13429. 22 Q. What is your business address? 23 A. One LeFrak City Plaza, Queens, New 24 York. 25 Q. Good morning. My name is David Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 6 1 P. LACRUZ 2 Levy. I have been retained by the plaintiff 3 in this matter, Rafik Arabov, to represent 4 him in a motor vehicle accident that 5 occurred on November 25, 2018. Before we 6 begin, I want to go over some ground rules 7 with you. First of all, have you ever been 8 deposed before? 9 A. No. 10 Q. To the right of me, there is a 11 court reporter. He will be transcribing 12 every word that's said here. In order for 13 him to get a clear record, it's very 14 important that we don't talk over each 15 other. So I request that you listen to my 16 questions. Wait for me to finish even 17 though you might think you know where I am 18 going, please wait for me to finish and then 19 give an answer afterwards. Additionally, 20 you have to verbalize your answers. No hand 21 gestures. Try and say yes or no, completely 22 verbalized, so there is no ambiguity in what 23 you are answering. If you don't understand 24 my questions, let me know and I will 25 rephrase or ask it differently so you do Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 7 1 P. LACRUZ 2 understand it. Otherwise, if you answer a 3 question, I am going to assume that you 4 understood what the question was. Do you 5 understand what I have asked you? 6 A. Yes. 7 Q. At any point in time, if you want 8 to take a break, just let me know. We'll 9 take that break. All that I ask is if 10 there's a pending question, answer the 11 question first and then we'll take our 12 break. 13 A. Okay. 14 Q. Do you understand that you are 15 under oath today? 16 A. Yes. 17 Q. Do you understand that that means 18 you were sworn to tell the truth today? 19 A. Yes. 20 Q. Do you understand that your 21 testimony here today can and will be used at 22 trial at some point in time? 23 A. Yes. 24 Q. Your testimony here today will 25 have the same effect and weight as if you Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 8 1 P. LACRUZ 2 are testifying in front of a judge. 3 A. Yes. 4 Q. Is there any reason why you 5 wouldn't be able to give me full, fair and 6 honest answers here today? 7 A. Absolutely not. 8 Q. When did you first learn about 9 today's deposition? 10 A. I don't remember the date, but a 11 couple months after the accident. 12 Q. After the accident, you learned 13 about this deposition or the lawsuit? 14 A. When I was notified last week, 15 February 25, I believe. 16 Q. Did you do anything to prepare for 17 today? 18 MS. FRANKEL: Aside from our 19 conversation this morning, before 20 today. 21 A. No. 22 Q. Did you look at any documents? 23 A. No. 24 Q. You mentioned your name on the 25 record, Patrick Lacruz. Did you ever go by Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 9 1 P. LACRUZ 2 any other names? 3 A. No. 4 Q. How old are you? 5 MR. LEVY: You can redact the 6 date? 7 (Whereupon, the answer was given 8 off the record.) 9 Q. The address that you gave, is that 10 a business address? 11 A. Yes. 12 MR. LEVY: Counsel, do you agree 13 to accept service on his behalf in case 14 he is no longer employed? 15 MS. FRANKEL: Yes. 16 Q. Where do you work? 17 A. 110th Precinct. 18 Q. New York City Police Department? 19 A. Yes. 20 Q. How long have you been an employee 21 of the New York City Police Department? 22 A. Two years. Now, third year, but 23 officially, two years. 24 Q. What is your current rank or 25 title? Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 10 1 P. LACRUZ 2 A. Police officer. 3 Q. What was your rank or title on 4 November 25, 2018? 5 A. Probationary police officer. 6 Q. What is the difference between a 7 probationary police officer and police 8 officer? 9 A. Upon serving two years of service, 10 you are clear of probationary. You have two 11 years being on probation, and after two 12 years, you are clear. You earn the title of 13 full police officer. 14 Q. When did you clear probation? 15 A. Last October, October 17, 2019. 16 Q. Is it fair to say you entered the 17 police force in October of 2017? 18 A. Yes. 19 Q. Since October 17, 2019, have you 20 been a police officer? 21 A. Yes. 22 Q. What is your highest level of 23 education? 24 A. Bachelor's. 25 Q. In what? Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 11 1 P. LACRUZ 2 A. Criminal justice. 3 Q. Where did you go? 4 A. John Jay. 5 Q. Do you have an office? 6 THE WITNESS: I'm sorry. 7 Q. Do you currently have an office 8 where you work? 9 A. No. 10 Q. Did you have an office at some 11 point around November 2018? 12 A. No. 13 Q. Who was your supervisor? 14 THE WITNESS: During the time? 15 MR. LEVY: For now, today. 16 A. Sergeant Logan. 17 Q. L-O-G-A-N? 18 A. Yes. 19 Q. Was he or she your supervisor in 20 November 2018? 21 A. No. 22 Q. Who was your supervisor back then? 23 A. Could be more than one person. He 24 is Markowitz. 25 Q. Can you spell it, please. Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 12 1 P. LACRUZ 2 A. M-A-R-K-O-W-I-T-Z. 3 Q. What is Sergeant Markowitz's rank 4 or title? 5 A. Sergeant. 6 Q. Sergeant Markowitz was the person 7 that you would report to? 8 A. Yes, immediate supervisor. 9 Q. When did sergeant Sergeant 10 Markowitz cease being your supervisor? 11 A. When I started, because the 12 department work with squad. It was a squad. 13 I was placed on a squad from field training. 14 Q. He was your supervisor up until 15 October 2019? 16 A. I don't recall. 17 Q. Did you have to undergo any 18 specific type of training to become a police 19 officer? 20 A. Yes. 21 Q. What kind of training? 22 A. Six months academy. 23 Q. When did that training begin? 24 A. October 17, 18, 2017. 25 Q. Is that on or around the same time Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 13 1 P. LACRUZ 2 you became a probationary police officer? 3 A. Yes. 4 Q. Is it fair to say people are 5 handed the rank of probationary police 6 officer while they're still in the police 7 academy? 8 A. Yes. 9 Q. After that six-month period of 10 time ended, what happens next? 11 A. You go to a command, and you are 12 placed in a vehicle with a senior 13 supervisor, also known as field training, 14 for another period of six months. 15 Q. Six months in the academy and six 16 months in the field with the supervisor for 17 a total of one year? 18 A. Yes. To elaborate, the next 19 following year, it's you and another senior 20 officer on a daily basis to show what you 21 learned, which would complete the two-year 22 sequence of probation. 23 Q. That first year, six months in the 24 academy and six months with field training, 25 when did that first year end? Do you Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 14 1 P. LACRUZ 2 remember if it was on or before this 3 accident? 4 A. October to April. Graduate from 5 the academy in April. October. 6 MS. FRANKEL: If you need to 7 think, don't do it out loud. Do it in 8 your head. 9 Q. You're saying the accident 10 happened after the year finished, right? 11 A. Yes. 12 Q. You finished your one year of 13 probation in October 2018? 14 A. Correct. 15 Q. Sergeant Markowitz, was he your 16 supervisor for the entire two years, or did 17 he become your supervisor after that first 18 year? 19 A. He was my supervisor for that 20 year. 21 Q. The second or first year? 22 A. For the second year. 23 Q. You had a different supervisor 24 before? 25 A. Correct. Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 15 1 P. LACRUZ 2 Q. Do you remember the name of that 3 supervisor? 4 A. Upon completion of the academy, 5 the way field training is breakdown (sic) is 6 two months day tour, two months afternoon, 7 and two months midnight. Every two months I 8 would have a different supervisor. 9 Q. What changed after October 2018 10 when you had finished that first year? 11 A. Assigned to Squad Two with 12 Sergeant Markowitz. 13 Q. What is Squad Two? What does that 14 mean? 15 A. Third platoon, which is the 16 afternoon shift, we are the second squad of 17 that shift. 18 Q. How many shifts are there? 19 A. Three. 20 Q. Squads One, Squad Two, Squad 21 Three? 22 A. Yes. 23 Q. How many officers per squad? 24 A. I don't know the numbers. Could 25 be 15 and up. Diamond Reporting 877.624.3287 A Veritext Company www.veritext.com FILED: QUEENS COUNTY CLERK 12/22/2020 07:00 PM INDEX NO. 705559/2019 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/22/2020 Page 16 1 P. LACRUZ 2 Q. Squad Two, the one that you were 3 assigned to, the afternoon shift, what are 4 the hours? 5 A. That would be 3 o'clock to 2235, 6 which is 11:35. Also known as the "four by" 7 schedule. 8 MS. FRANKEL: Is