Complaint #202400285,
January 8, 2024

Officer: Migliaccio, John
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Within NYPD Guidelines
Officer: Allen, Steven
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Sexual Miscon (Inappropriate Touching)
CCRB Conclusion: Unfounded
Recategorized as: Abuse of Authority: Other
Officer: Migliaccio, John
Complainant: Black Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Fernandez, Enzo
Complainant: Male, 40-44
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Allen, Steven
Complainant: Black Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Allen, Steven
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Migliaccio, John
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Fernandez, Enzo
Complainant: Black Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Within NYPD Guidelines
Officer: Migliaccio, John
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Within NYPD Guidelines
Officer: Polanco, Joseph
Complainant: Male, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Within NYPD Guidelines
Officer: Polanco, Joseph
Complainant: Male, 40-44
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Fernandez, Enzo
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Seizure of property
CCRB Conclusion: Within NYPD Guidelines
Officer: Fernandez, Enzo
Complainant: Male, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Allen, Steven
Complainant: Male, 40-44
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Within NYPD Guidelines
Officer: Polanco, Joseph
Complainant: Male, 40-44
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unable to Determine
Officer: Fernandez, Enzo
Complainant: Black Female, 21-24
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Migliaccio, John Black Female, 21-24 Abuse of Authority: Threat of arrest Within NYPD Guidelines
Allen, Steven Black Female, 21-24 Abuse of Authority: Sexual Miscon (Inappropriate Touching) Unfounded
Recategorized as Abuse of Authority: Other
Migliaccio, John Black Female, 21-24 Force: Physical force Within NYPD Guidelines
Fernandez, Enzo Male, 40-44 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Allen, Steven Black Female, 21-24 Force: Physical force Unfounded
Allen, Steven Black Female, 21-24 Abuse of Authority: Refusal to provide shield number Unfounded
Migliaccio, John Black Female, 21-24 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Fernandez, Enzo Black Female, 21-24 Force: Physical force Within NYPD Guidelines
Migliaccio, John Black Female, 21-24 Abuse of Authority: Seizure of property Within NYPD Guidelines
Polanco, Joseph Male, 40-44 Abuse of Authority: Search (of person) Within NYPD Guidelines
Polanco, Joseph Male, 40-44 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Fernandez, Enzo Black Female, 21-24 Abuse of Authority: Seizure of property Within NYPD Guidelines
Fernandez, Enzo Male, 40-44 Abuse of Authority: Vehicle stop Within NYPD Guidelines
Allen, Steven Male, 40-44 Abuse of Authority: Vehicle stop Within NYPD Guidelines
Polanco, Joseph Male, 40-44 Abuse of Authority: Search (of person) Unable to Determine
Fernandez, Enzo Black Female, 21-24 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Migliaccio, John
Command Discipline - A

Polanco, Joseph
Command Discipline - A

Fernandez, Enzo
Command Discipline - B
Command Discipline - B (Vacation: 1 day)

Details

Incident: January 8, 2024
Received: January 9, 2024
Closed: May 15, 2025
Last Updated: August 10, 2025

Reason for contact: Other
Location: Street/highway
In NYPD 49th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Rody Ariasguzman, Konstantin Nuksha
Body-Worn Camera evidence collected