Disgraced cop’s cases checked

A review of cases involving a disgraced Yonkers police detective is underway due to allegations the cop lied about a Bronx drug bust.

Westchester District Attorney Anthony Scarpino announced the review of all past and pending cases involving Detective Sean Fogarty on Thursday — roughly two weeks after Bronx tax preparer Calvin Powell sued the cop and others for wrongful arrest.

Fogarty, who served on a Drug Enforcement Administration task force that included members of the NYPD, is expected to plead guilty to perjury and retire Friday because of the

Powell case, according to The Journal News. Prior to joining the Yonkers Police Department, Fogarty worked for the NYPD from 1997 to 2007, city cops said.

Powell spent nearly five months in jail last year because Fogarty (inset) lied about a search warrant for his threestory apartment building on Barker Ave., Powell claimed in a lawsuit filed in Manhattan Federal Court.

Police had a warrant to search the first and second floors of Powell’s home in April 2018, but officers also rummaged through the exempt third floor, the suit alleges.

Cops found cocaine, crack, a stash of cash and other drug paraphernalia in the third-floor apartment, which Powell was renting to tenants, the court documents said. Fogarty and other cops falsely claimed the drugs were found in the first two floors and belonged to Powell, according to the lawsuit. It took months of litigation and a court-ordered visit to the home before Powell proved the drugs came from the third floor. The charges against him were dismissed in September 2018.

“We have learned that Detective Sean Fogarty, a retiring member of the Yonkers Police Department, is the subject of a federal lawsuit brought by a wrongly accused man, stemming from a drug case where Fogarty was assigned as a member of the U.S. Drug Enforcement Administration Task Force. The allegation is that he perjured himself in a search warrant application,” Scarpino said.

“In light of these allegations, I have ordered an immediate review of all past and pending cases in which Detective Fogarty may have been involved ... If we determine that any conviction was the result of an illegal action by Detective Fogarty, we will immediately move to vacate the conviction.”

The office of the city’s special narcotics prosecutor, which handled the Powell case, confirmed that it referred the allegations against Fogarty to Manhattan District Attorney Cy Vance Jr.’s office for investigation but declined further comment. The Yonkers Police Department declined comment. Efforts to reach Fogarty and Powell’s attorney were unsuccessful.