Complaint #202006201,
August 19, 2020

Officer: Foy, Alfred
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Foy, Alfred
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Aliberti, Frank
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Foy, Alfred
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Foy, Alfred
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Cayenne, Christian
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Unsubstantiated
Officer: Lodato, Michael
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Redmond, Thomas
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Foy, Alfred
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Aliberti, Frank
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Cayenne, Christian
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Foy, Alfred Black Male, 30-34 Abuse of Authority: Frisk Unsubstantiated
Foy, Alfred Black Male, 30-34 Abuse of Authority: Vehicle search Unsubstantiated
Aliberti, Frank Black Male, 30-34 Abuse of Authority: Vehicle search Unsubstantiated
Foy, Alfred Black Male, 30-34 Abuse of Authority: Threat of arrest Exonerated
Foy, Alfred Black Male, 30-34 Abuse of Authority: Refusal to provide shield number Unfounded
Cayenne, Christian Black Male, 30-34 Abuse of Authority: Vehicle search Unsubstantiated
Lodato, Michael Black Male, 30-34 Abuse of Authority: Other Substantiated (Command Discipline B)
Redmond, Thomas Black Male, 30-34 Abuse of Authority: Other Substantiated (Command Discipline B)
Foy, Alfred Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Aliberti, Frank Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Cayenne, Christian Black Male, 30-34 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalties

Lodato, Michael
No Disciplinary Action-DUP
No penalty

Redmond, Thomas
Previously Adjudicated
Closed Administratively (Command Discipline - A)

Cayenne, Christian
No Disciplinary Action-DUP
No penalty

Foy, Alfred
Previously Adjudicated
Closed Administratively (Command Discipline - A)

Aliberti, Frank
No Disciplinary Action-DUP
No penalty

Summary

On August 19, 2020, at approximately 9:45 p.m., in the vicinity of Parkside Avenue and Parade Place in Brooklyn, [redacted] was working for Uber Eats when he was stopped by an unmarked police vehicle in which PO Alfred Foy (now a sergeant), PO Frank Aliberti and Sgt. Thomas Redmond (now a lieutenant) of the Patrol Borough Brooklyn South Auto Larceny were riding. PO Foy approached [redacted]'s driver window, asked for his driver's license and registration, stated he smelled marijuana, and asked [redacted] to step out of the vehicle. [redacted] exited the vehicle and PO Foy frisked [redacted] (Allegation A: Abuse of Authority, [redacted]). [redacted] went to the back of his vehicle and PO Christian Cayenne, PO Michael Sidorskiy, PO Delton Ng, and Lieutenant Michael Lodato, of the Patrol Borough Brooklyn South Auto Larceny, arrived in an unmarked police vehicle. PO Foy, PO Aliberti, and PO Cayenne searched the vehicle (Allegations B, C, and D: Abuse of Authority, [redacted]). [redacted] was then escorted back to his driver's seat. [redacted] attempted to exit the vehicle and PO Foy stated, "If you don't sit right here, we're gonna put you in handcuffs and you're going to join us in the precinct" (Allegation E: Abuse of Authority, [redacted]). [redacted] allegedly asked PO Foy for his shield number and allegedly did not receive it (Allegation F: Abuse of Authority, [redacted]).
PO Foy, PO Aliberti, and PO Cayenne left the scene without providing [redacted] with a business card. In addition, Lt. Lodato and Sgt. Redmond failed to ensure that the officers provide [redacted] with their business cards (Allegations G, H, I, J, and K: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: August 19, 2020
Received: September 14, 2020
Closed: April 22, 2022

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 70th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Delton Ng, Michael Sidorskiy
Body-Worn Camera evidence collected