Complaint #200817273,
November 28, 2008

Officer: Yubini, Aldo
Complainant: White Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Delcid, Omar
Complainant: White Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yubini, Aldo
Complainant: White Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Delcid, Omar
Complainant: White Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Fernsmith, Alex
Complainant: White Male, 24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Fernsmith, Alex
Complainant: White Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Delcid, Omar
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Yubini, Aldo White Male, 24 Abuse of Authority: Stop Exonerated
Delcid, Omar White Male, 24 Abuse of Authority: Stop Exonerated
Yubini, Aldo White Male, 24 Abuse of Authority: Frisk Exonerated
Delcid, Omar White Male, 24 Abuse of Authority: Frisk Exonerated
Fernsmith, Alex White Male, 24 Abuse of Authority: Frisk Exonerated
Fernsmith, Alex White Male, 24 Abuse of Authority: Stop Exonerated
Delcid, Omar Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

[redacted] is a [redacted]-old, 5'11" tall, white male. On November 28, 2008 at approximately 3:30PM, [redacted] and [redacted] smoked cigarettes in front of [redacted] which is located at [redacted] in Staten Island. A silver Chevy Impala pulled up to the barber shop and three male plainclothes officers exited the vehicle. [redacted] realized that the males were officers because their shields and guns were visible. Two of the officers were Hispanic and both were approximately 5'10"-5'11" tall and approximately 175 lbs with short black hair. The officers did not have any other obvious identifying characteristics. The third officer was a Caucasian male, approximately 6' tall and 180 pounds, with wavy blonde hair. [redacted] was certain that the driver was one of the Hispanic officers, but he was not sure which one. He was also sure that the Caucasian male was the passenger. The Caucasian male was the first officer to exit the vehicle. The investigation identified this officer as PO Alex Fernsmith of the 122nd Precinct. The two Hispanic officers followed immediately. Those officers were identified as PO Aldo Yubini and PO Omar Delcid of the 122nd Precinct. PO Fernsmith stated that he could smell weed. The officers realized that [redacted] were not smoking marijuana but they still told them to drop their cigarettes and place their hands on the storefront window.
[redacted] complied and placed their hands on the window without being physically assisted by the officers, then they were frisked by the officers. [redacted] stood in between [redacted] and was frisked last. The officers started the frisk at the arms and patted [redacted] down to the ankles. The officers felt the outside of [redacted]'s clothing but did not enter the pockets. Each of three officers frisked either [redacted] but [redacted] did not know which of the officers frisked which of the men because [redacted] faced the storefront window with their backs to the officers. [redacted] asked PO Fernsmith whether someone called in a complaint and that... Read report for details.


Details

Incident: November 28, 2008
Closed: July 15, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 122nd Precinct Staten Island
Outcome: No arrest made or summons issued