Hicks v. Marques

KEVIN G. FALEY SAMAN ASLAM CHRISTOPHER NAHAS ANDREA M. ALONSO O ROBERT J. BARD GREGORY S. NELSON KENNETH E. PITCOFF MEGAN K. BERNARDO BRIAN R. O'CONNOR PATRICIA E. PERMAKOFF MORRIS DUFFY ALONSO FALEY & PITCOFF TESLA CARRASQUILLO MARISSA PADOVANO KEVIN F. MAHON LAUREN CASPARIE ANTHONY PALMIOTTO MICHAEL V. CAMPANILE 101 GREENWICH STREET JOAN M, COCHA a TAMAR S. PELTZ LINA C. ROSSILLO NEW YORK, NY 10006 NATALIE CORRISS PATRICK PRAGER JAMES A, PANNONE © {2] 2) 766-1888 JOSH CORTAVARRIA TIMOTHY PRYOR EDWARD J. HARRINGTON FAX (21 2) 766-3252 MICHAEL A, CZOLACZ ROBERT J. REILLY WILLIAM J. MANNING, JR. WWW.MDAFNY.COM NAOMI DANIELS DANIELLE J. REISS+ DONNA M. WHITE ARDINEZ A. DOMGJONIo TATIANA SAMSONOVA-BEL MARK A, HEALY NASSAU ARIANNA EFSTATHIOU YEKATERINA SAPSON oO ALLYSON P. LUBELL 1 OLD COUNTRY ROAD PATRICK FINLEY STEPHEN L, SCHIOPPI GAIL S. KARAN CARLE PLACE, NY 11514 VINCENT D. FINNEGAN DAVINDERPAL SINGH JENNA L. MASTRODDI O FRANK H. FOSTER RICHARD E, STIEK □ ELIZABETH A. FILARDI SUFFOLK IRA E. GOLDSTEIN GARY M, SUNSHINE IRYNA S. KRAUCHANKA ONE HUNTINGTON QUADRANGLE ELIZABETH A, GRIFFIN INNA V, TERES DORIS RIOS DUFFY MELVILLE, NY 11747 MICHAEL HARTMAN VIKTORIYA UKHOVA JEOUNGSON KIM OLIVIA R, HELLERICHo MICHAEL A, VICARIOA CHRISTOPHER R, INVIDIATA WESTCHESTER MARITANNA ISAKOV SAMUEL VODOPIA REBECCA J. ROSEDALE 0 445 HAMILTON AVENUE CHARLOTIE KAYSEN BRIANNA WEPPLER CRISTINA SOLLER WHITE PLAINS, NY 10601 ROBERT MAROTTA MICHAEL ZAITZ AMANDA ZEFIO RORY MCMANUS LAWTON W. SQUIRES GREENE ROBERT E. O'CONNOR 11 WHISPER CREEK DRIVE 3 ADMITTED IN NY AND NJ CHRISTOPHER M. ROGERS WINDHAM, NY 12496 ADMIMEO □□ □□ AND □□ _ » FAILACE New JERSEY + ADMITTED IN NY, NJ AND P. DILLON 744 FLOYD STREET JUSTIN E, ANGELINO ENGLEWOOD CurFs, NJ 07632 OF COUNSEL GEORGE APRILAKIS JOHN J. DUFFY (1925-2023) CHARLES M. KERR MICHAEL B. TITOWSKY ROBERT S. WHITBECK April 15, 2025 USDC SDNY DOCUMENT Honorable Nelson Stephen Roman ELECTRONICALLY FILED United States District Court Southern District DOC #: Quarropas Street DATE FILED. 4/16/2025. 4/16/2025 White Plains, New York 10601-4150 Re: Darnell R. Hicks v. J. Marques #154, et. al.

Docket No.: 7:24-cv-07890- NSR Dear Judge Roman: We represent the defendants, J. MARQUES #154 and MALFETANO #170. In this pro se Ce action, Plaintiff alleges that Defendants violated his constitutional right of Freedom of Speech by arresting him on October 8, 2024. Because the criminal charges against Plaintiff arising from this incident remain pending in state court, I write to request that this action be either stayed until the conclusion of these state court proceedings or dismissed without prejudice pursuant to the Supreme Court’s decision in Younger v. Harris, 401 U.S. 37 (1971).

Pursuant to the doctrine of “Younger abstention,” federal courts “should generally refrain > from enjoining or otherwise interfering in ongoing state proceedings.” See Spargo v. N.Y. State Comm'n on Judicial Conduct, 351 F.3d 65, 74 (2d Cir. 2003). Younger abstention is required when three conditions are met: “(1) there is an ongoing state proceeding; (2) an important state interest is implicated in that proceeding; and (3) the state proceeding affords the federal plaintiff an adequate opportunity for judicial review of the federal constitutional claims.” Diamond "D" Const. Corp. v. McGowan, 282 F.3d 191, 198 (2d Cir. 2002). “Federal courts must abstain from exercising subject matter jurisdiction over federal constitutional claims that involve or call into question ongoing state proceedings.” Wilson v. Emond, 373 Fed. App’x. 98, 100 (2d Cir. 2010). |hen Younger applies, abstention is mandatory and its application deprives the federal court of jurisdiction in the matter.” Diamond “D” Constr., 282 F.3d at 197 (2d Cir. 2002).

Applying these criteria, courts in the Second Circuit have repeatedly held that Younger abstention prohibits district courts from exercising jurisdiction over cases where there is a parallel criminal action about the same underlying conduct pending against the plaintiff in state court. See Manchanda v. Bose, No. 14 CIV. 9658 LGS, 2015 WL 81998, at *3 (S.D.N.Y. Jan. 6, 2015) (dismissing plaintiff’s complaint for constitutional violations without prejudice due plaintiff’s pending criminal proceeding); Andujar v. City of New York, No. 11 CIV. 5466 RJS, 2012 WL 5177515, at *4 (S.D.N.Y. Oct. 16, 2012) (dismissing the action pursuant to the abstention doctrine as plaintiff’s state action is ongoing); Barker v. Suffolk Cnty., No. 24-CV-07941 (OEM) (JMW), 2024 WL 4827739, at *2 (E.D.N.Y. Nov. 18, 2024) (holding that the Younger abstention doctrine applies as the federal courts cannot interfere with an ongoing state criminal proceeding); Owens v. Inc. Vill. of Garden City, No. 23-CV-07730-JMA-ST, 2024 WL 4728593, at *5 (E.D.N.Y. Nov.

8, 2024)(administratively closing § 1983 case during pending criminal proceeding and permitting plaintiff to request in writing that the case be reopened within two weeks of conclusion of underlying case).

In the case at bar, Plaintiff's complaint alleges, inter alia, First Amendment violations stemming from an arrest on October 8, 2024. Two defendants in this action, Police Officer Jason Marques and Police Officer Brett Malfetano, signed violations charging Plaintiff with Disorderly Conduct as he violated section 240.20(3) of the Penal Law of the State of New York. (Ex. A).

This charge remains pending in Ossining Town Court and have been assigned the docket number 24100117. Accordingly, it is respectfully submitted that this case should not proceed until the underlying state court criminal case is resolved.

Thank you for considering my clients’ position in this matter. Should the court require additional briefing on this issue, I respectfully request that this letter be construed as a request for a pre-motion conference request under Your Honor’s Individual Rules of Practice.

Respectfully submitted, MORRIS DUFFY ALONSO FALEY & PITCOFF _/s/ Lauren Casparie Lauren Casparie Greenwich St. 22™ Floor New York, New York 10006 Encl. Counsel for Defendants The Court is in receipt of Defendants’ request for a stay pending resolution of related state criminal proceedings. Defendants’ request is GRANTED without prejudice to renew. The instant matter shall be stayed until August 14, 2025. The parties are directed to provide the Court a status report at the conclusion of the stay period. The Clerk of Court is directed to terminate the motion at ECF No. 23 and to mail a copy of this endorsement to pro se Plaintiff at his address as it is listed on ECF and show servic on the docket.

SO ORDERED: Dated: April 16, 2025 Po go Darnell R. Hicks Pro se Plaintiff Main Street, Apt. 6C Peekskill, NY 10566 E: [email protected] EXHIBIT A The People of the State of New York vs. DEFENDANT CONTACT INFORMATION Address on ID: je a SH \. 1 \ « Mailing Address: than ID address) of contact cy “10 a Oo CHARGES You have been charged with the following offenses: Law/Section/Subsection County of Occurrence POSSINNG □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ To wit; On the above date, time, and location, the defendant pa nn eee □□ □□□□□ / COURT DATE ———————— You are hereby directed to appear in the following court to answer the above charge(s): Court: TOWN OF OSSINING Location: 86 SPRING STREET, OSSINING, NY 10562 Part/Room: Date: Lo {iS □□□ Time: aMerpmo If you do not appear to answer the above charges, a warrant may be issued for your arrest, and you may face additional charges that could subject you to a fine, imprisonment or both if you are convicted.

NOTICE: You are advised to consult an attorney as soon as possible regarding this matter.

Arresting Agency: OSSINING POLICE DEPARTMENT Ty =a a □ □ AML YW OVO 19 foo. SPM Signature of Issuing Officer Shield Command/PCT/TZS Date Time Report No:Qov-00917-24 Police Serial No? OO Ticket:13126 Return Date...'10/15/2024 Number... .:0V-00543-24 Court Docket No.? endant in Custody from: 19:27 October 08, 2024 to 18:20 October 08, 2024 ee eS ee oS TOWN OF OSSINING JUSTICE COURT SPRING ST., OSSINING, NY 10562 THE PEOPLE OF THE STATE OF NEW YORK against DARNELL R HICKS (47) O.B.: 901 MAIN STREET APT 6C PEEKSKILL, NY □ STATE OF NEW YORK°° COUNTY OF WESTCHESTER PO BRETT J MALFETANO, Shield 170, being duly sworn, deposes and says that he is a member of the VILLAGE OF OSSINING POLICE DEPARTMENT, County of WESTCHESTER, State of New York and that on the 8 day of October, 2024, at about 5:18 PM at STATE ST OSSINING in the County of WESTCHESTER, State of New York.

DARNELL R HICKS FFENSE TSORDERLY COND LASS X THE DEFENDANT(S) DID VIOLATE SECTION 240.20 SUBDIVISION 3 OF THE PENAL LAW OF THE STATE OF NEW YORK, IN THAT AT THE TIME AND PLACE AFORESAID, THE SAID DEFENDANT (5S) DID WITH INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE OR ALARM, OR RECKLESSLY CREATE A RISK THEREOF. IN A PUBLIC PLACE, HE USED ABUSIVE OR OBSCENE LANGUAGE, OR MADE AN OBSCENE GESTURE, TO WIT; On October Bth, 2024 at approximately 1727 Hours on the North east Corner of Broad Ave and State Street Darnell Hicks (DOBO05/16/1977} was yelling in an aggressive manner on a public sidewalk and stated "Suck My" on a public sidewalk causing a crowd to form.

Supporting Deposition of OFFICERS OBSERVATION annexed hereto and made a part hereoz.

By This complaint is based on personal knowledge, the source being, POLICE B MALFETANO INVESTIGATION Subscribed and sworn to before me this 8 day of October, 2024 fe MS IT ae wey / , BRETT J MALFETANO 041 Lf AS J PATROLMAN “GAMES T KASTANIS | SERGEANT Nahas YS _ Officer Rank/Name: PO FRANCISCO X BALLEN Department: VILLAGE OF OSSINING POLICE DEPARTMENT Case Number.: oV-00917-24 DD Number : Blotter/CC #: OV-027678-24 On October 8th, 2024, at approximately 1727 hours, I, Officer Ballen,along with Officers Malfetano and Williams, responded to the intersection of State Street and Broad Ave where Officer Marques and Officer Ryan were with a black male, later identified as Mr. Darnell Hicks (DOBO05/16/1977).

Upon arrival, Officer Marques stated to Mr. Darnell Hicks (DOBO5/16/1977) that if he keeps yelling any profane or abusive words on a public sidewalk, he will be arrested for disorderly conduct. I observed Mr Hicks yelling and screaming with his cellphone which appeared to be recording at the time. Darnell Hicks continued yelling, causing bystanders to be alarmed.

While Officers explained Mr. Hicks that he has been warned multiple times, He then proceeded to say “suck my” and “you heard what I said” to Officers on scene.

Officer Malfetano told Mr. Hicks to place his hands behind his back, and arrested him for disorderly conduct. I, Officer Bailen along with Officer Malfetano, Williams and Ryan, assisted Officer Marques place handcuffs on Mr. Hicks without any incident, he was placed in the back of RMP 117 and brought back to OPD Headquarters for processing.

At OPD Headquarter's booking room approximately at 1727 hours, as part of Ossining Police Department protocol, I asked Mr Hicks if he could answer our mandatory suicidal screening questions, Mr. Hicks replied by saying "suck my dick" multiple times and refused to answer any of the questions. At approximately 1737 hours, I attempted to ask Mr Hicks Ossining Police Department's suicidal questions for a second time, he said; he was not feeling suicidal.

I, along with Officer Malfetano placed Mr. Hicks in cell #3 without incident.

All events were recorded on BWC.

Signature LC Lode ALC. a =f Sqd. Superv.: 244% 4) | C.0.3 Malia htyo We = Officer Rank/Name:PO JASON MARQUES Department :VILLAGE OF OSSINING POLICE DEPARTMENT Case Number. :0v-00917-24 DD Number : Blotter/CC #:0V-027678-24 On 10/08/2024 at approximately 1727 hours, Officer Ryan, Officer Malfetano, Officer Ballen, Officer Williams, and I, Officer Marques, arrested a male known to officers to be Darnell Hicks (DOB 05/16/19770) for Disorderly Conduct.

Earlier in the evening, while on mobile patrol in RMP 107, Officer Ryan and I were traveling eastbound in the area of James Street, and Mr. Hicks was standing on the corner of State Street and James Street and began to yell at officers using abusive and obscene language in front of many civilians and children. Mr. Hicks yelled to officers, "Suck my dick you pussy, I'm the man hiding behind the camera, you're a bitch faggot, suck my dick pussy".

Later in the evening, as Officer Ryan and I were traveling north on State Street, Mr. Hicks, for a second time in the evening, began to yell obscenities at officers in the presence of many civilians.

At approximately 1727 hours, Officer Ryan and I were parked on Broad Avenue observing traffic when Mr. Hicks approached us, yelling obscenities in front of many civilians. Officers were also parked within 50 feet of the Ossining Children's Center. I advised Mr. Hicks that if he continues to use abusive or obscene language in a public place, he would be arrested for Disorderly Conduct.

Officer Malfetano then observed Mr. Hicks continue to yell aggressively with his phone extended in his right hand, which appeared to be recording at the time. Mr. Hicks continued yelling, causing five individuals to congregate in the surrounding area around the Officers and Mr. Hicks, watching the above-listed incident.

Mr. Hicks proceeded to state to Officer Malfetano, "Suck My." After stating "Suck My" to Officer Malfetano, Mr. Hicks then stated, "You heard what I said," in an aggressive manner. Officer Malfetano told Mr. Hicks to place his hands behind his back. Officer Malfetano, Officer Ryan, Officer Ballen, and I restrained Mr. Hicks, and I then placed handcuffs on him. Mr. Hicks was arrested for using abusive and obscene language in a public place.

Officer Malfetano searched and transported Mr. Hicks to the Ossining Police Headquarters to lodge him. In the booking area, Mr. Hicks stated," he came out here to get locked up," and continued to yell at officers stating several times, " Suck my dick." Mr, Hicks was placed in cell 3.

Darnell Hicks was issued a Desk Appearance #13126 for disorderly conduct NYS Penal Law 240.20(3). Court Appearance date 10/15/2024 0900 Hours. i it Signature 4 QE ON OA IY D.O.: Sqd. Superv.: □□ 3 C.048% Narrative . £ Officer Rank/Name:PO BRENDAN A WILLIAMS Department:VILLAGE OF OSSINING POLICE DEPARTMENT Case Number.: oV-00917-24 DD Number : Blotter/CC #: O0V-027678-24 On 10/08/2024 I, PO Williams, PO Malfetano, and PO Ballen responded to Broad Ave and State Street where PO Marques and PO Ryan were speaking with an extremely irate individual identified as Ms. Darnell Hicks.

Officers Ryan and Marques were explaining to Mr. Hicks that if he continues to yell profanities in a public place, he will be arrested for disorderly conduct. Mr. Hicks continued to yell obscenities which prompted a group of people to gather in the area.

When officers were about to leave the scene, Mr. Hicks stated, “suck my." when asked what he said, he stated, "You heard what I said.”

Officers placed Mr. Hicks under arrest and transported him back to Ossining Police Headquarters for arrest procéssing.

Signature Poll Catone PPS Sqd. Superv.: sa A 37 ( C.O4+; ete TO me. — Officer Rank/Name:PO SHANE W RYAN Department:VILLAGE OF OSSINING POLICE DEPARTMENT Case Number.:0V-00917-24 DD Number : Blotter/CC #:0OV-027678-24 On 10/08/2024 at approximately 1727 hours, Officer Marques and i, Officer Ryan, were observing traffic on Broad Avenue when we were approached by a male known to Officers as Darnell Hicks (DOB: 05/16/1977). Earlier in the evening, while Officer Marques and I were on mobile patrol on State Street and James Street, Mr. Hicks approached us with his cell phone and repeatedly yelled obscenities at us in the presence of many civilians walking along the street.

When Mr. Hicks approached us for the second time, he began to yell obscenities again, saying, "pussy, suck my dick." Mr. hicks repeated this statement multiple times and appeared to be recording the interaction with his cell phone. Officer Marques and I exited our RMP and spoke to Mr. Hicks. During this time, five males began to congregate around us.

Officers Malfetano, Williams, and Ballen arrived on the scene, and Officer Marques and I warned Mr, Hicks that if he continued to use obscene language on the public sidewalk, he would be arrested for disorderly conduct. Officer Malfetano then heard Mr. Hicks say, “suck my." Officers then placed Mr. Hicks under arrest.

While placing Mr. Hicks into handcuffs, I removed his cell phone from his right hand. Mr. Hicks was secured in RMP 117 and transported back to OPD Headquarters for processing. . i Ze. Ze Signature fi er af avy AD D.O.: Sqd. Superv.: Sa 4, &. : / C.04% Lh, EE OEE ees fs No, 6. Arrest No. 7. Agency 8, Division/Frecinct 813LB7 Ov-00543-24 WILLAGE OF OSSINING POLICE DEPARTMENT 9. Name(Last,First,Middle) 0, Alias/Maiden Name(Last,First,Middle) 11. Phone Number HICKS DARNELL R (914) 923-0716 12. Street Number and Name, Building No..Apt.No. 13. City,State.Zip (CO) TO YO) 14. Residence [5. Place ot Birt MAIN STREET apt 6C PEEKSKILL NY - Resident C1 Fores Nor Res □□□□□ 16. Date of Birth 17. Age | 18. Sex 19. Race F White (XJ Black [J Asian | 20. Ethnic 99 Non Hispanic |2!- Skim Cj Light [] Medium 47 CaM CF CU] indian (Other []Unkown CHispanic [J] Unknown Dark [Other □□□□□□□□ 22. Height |23. Weight | 24. Hair | 25. Eyes □□□ Ulasses Build 2%, Marital Status Comm Law | 29. US. Citizen | 30. Citizen OF Yes [Small [7] Med] Maried [XJ Single Separated □ □□□ Yes N 510 220 OTH 70cr BCNo. Hott ts||_|Large : Hiss add wid ad kL Unitiown o* 31. Social Security No. | 32. Education 33. Religion | 34. Occupation 35. Employed 6. Scars/Marks/Tattoos(Describe) 12 PROTESTA OYes (JNo 37. Arresting Officer 38. [D No. |39. Assisting Officer 40, 1D No, | 41. Arrest Date 42. Time |43. Location of Arrest □□□□□ □□□ MALFETANO M6310 MARQUES M9185 10/08/2024 STATE ST OSSINING Juvenile F5. Condition of Detendam AtArest [45 Weapo est ~Co-defendants Arrest No. Juv-No Futher Process | [7] Impaired Drugs [] Mental Dis App Norm pon(s) at Arres SCoerendonts sme FL impaired Aleo inl NONE i 9, Miranda B 3U.Miranda Date [31.Mir. Time | 34. Statements 33. Stalug . h W 3, 1D Procedure [Verbal [Parole [Probation Yes No None □□□□□ □□ □ 56. Arraignment Court $7, Arraignment Judge 58. Date 59, Time 60. Property |61. Evidence | 61a. Processed By 61b. Disposition ‘TOWN OF OSSINING |REISMAN 10/15/2024 |09:00 ClYes [XJNo | (Yes [X]No i 63. Arrestee Status i 66. Photo No. OV-027678-24 C1 cash Bail F] Bail Bond [7] App Tkt Rel to 3rd Pa 68. Warrant No. 70, Other Agency 71, □□□□□□□□□ Pw rw ()sum[] cip LJ) comp Cor rj ew Flaw Por Lies (XINo _ __| □ □□□□ □□□□□ 72.Location of Otfense (CCTLJV)| 73-Ottense Date | 74. # tin‘drs | 75. # Vict. 76. Return Court TT. Retum Judge 78. Retum Date [79.1 MESTCHESTER 10/08/2024 0 Tow" OF OSSINING |REISMAN 10/15/2024 |09: 80, Defendan/Case TOT Agency 80a. Officer's Name 30b. ID No 82. Date □ [moe fs | fe | | pooner coo | sa ih | foe fise PT UE TT TT PT TE □□ rf TT rT PT TT TE □□ UT TT TT TT TT □□ EEE TTT 84. Person = r-orher =Spouse CD=Co-Defendant SC=School — PO = Parole Officer VI= Victim RE=Relative © RP=Religious Persor EM = Employer CH - Child PA=Parent _AS = Associate LA-Lawyer PR=Probation Officer WI = Wimess CO = Complainant_DR = Doctor oo ee ee eee — Tal i LA ee De ne ee □□□ | NAMBE(LAS TF IRST,MIDD! LEY qT LE) ll : STREI ET-NAM | □ ce IL | M BEF ov Is TA E/ZIP 11 PELE! □□□□□□ On October 8th, 2024, at approximately 1727 hours, I, Officer Malfetano, Officer Williams, and Officer Ballen responded to the North East Corner of State Street and Broad Ave where Officer Marques and Officer Ryan were out with a black male, later identified as Darnell Hicks (DOBO5/16/1977) .

Upon arrival, I, Officer Malfetano observed Officer Marques and Officer Ryan with Darnell Hicks on the sidewalk. I observed Darnell Hicks yelling aggressively towards Officer Marques and Officer Ryan on the Northeast corner of Broad ave and State Street.

Officer Marques stated to Darnell Hicks (DOB05/1L6/1977) if he uses abusive or 86. Uticers signature 87. 1D No, 56 OTs Plenalure 89. 1D No, 94. fo M6310 PO MALFETANO “of □□□ ‘90, Made as a Result of A SAFIS Latent Print identification? 91. (92, ee 93. oF T1Vae TONe TOL Int-newn ARREST REPORT (continuation page) No.: OV-00543-24 CASE No.: OV-00917-24 ADDITIONAL NARRATIVE language on a public sidewalk he will be arrested for disorderly Officer Malfetano observed Darnell Hicks continue to yell in an aggressive with his phone extended in his right hand which appeared to be recording time. Darnell Hicks continued yelling, causing Five individuals to in the surrounding area around the Officers and Darnell Hicks the above-listed incident.

Darnell Hicks proceeded to state to Officer Malfetano, "Suck My". After stating My" to Officer Malfetano Darnel Hicks then stated”"You heard what I in an aggressive manner. Officer Malfetano told Darnell Hicks to place hands behind his back. Officer Malfetano, Officer Ryan, Officer Ballen, and Marques restrained Darnell Hicks. Officer Marques then placed handcuffs Darnell Hicks. Darnell Hicks was arrested for using abusive and obscene in a public place.

Officer Malfetano searched and transported Darnell Hicks to the Ossining Headquarters to lodge him. In the booking area Darnell Hicks stated " he out here to get locked up". Officer Malfetano lodged Darnell Hicks in cell Darnell Hicks was issued a Desk Appearance #13126 for disorderly conduct NYS Law 240.20{(3). Court Appearance date 10/15/2024 0900 Hours.

re — a er tv ee ee eS est ¢ 28 pate, 20/08/2024 APPEARANCE TICKET # _ RETURN DATE 10/15/2024 THIS FORM PROVIDES INFORMATION NEEDED BY THE D.A.'S OFFICE FOR SCREENING OF CASES. FILL IN ALL QUESTIONS, INDICATE N/A FOR STIONS NOT APPLICABLE. IF ADDITIONAL SPACE IS NEEDED, ATTACH SEPRATE SHEET OF PAPER AND INDICATE ITEM LETTER INFORMATION REFERS TO SHEET OF PAPER IS ATTAGHED, CHECK HERE: [] REQUEST FOR ORIGINAL & COPY - COURT LIAISON ARREST ORIGINAL - COURT LIAISON WARRANT OR SUMMONS COPY - COMMAND D.D. CASE COPY - PRECINCT SQUAD COPY - MAIN SQUAD NAME ADDRESS ARREST NUMBER DATE OF □□□□□ R HICKS 901 MAIN STREET APT 6C PEEKSKILL, NY — ov-00543-24 □□ PL 240.20-3 DISORDERLY CONDUCT CASE No. OV-O00917-24 eee Oe ne CASE NO. CASE NO. INFORMATION PREPARED FOR CHARGES NUMBER 1. YES[®] NO[] YES] nol] 3.YES—) not] OTHER CASES BE CLOSED WITHARREST? YES] NO[] WILL THE DEFENDANT BE CHARGED? YES [] NO [J (IF NO.EXPLAIN) & POLICE CODES- ENTER CODES IN B AND C FOR ALL PERSONS OR EXPRESSIONS THAT APPLY TO EACH INDIVIDUAL INVOLVED.

OFFICER C. COMPLAINANT E. EXPERT WITNESS W. WITNESS D. INVESTIGATING DETECTIVE F. FIRST OFFICER AT SCENE COMPLAINTS AND/OR CIVILIAN WITNESSES: ADDRESS HOME TEL. BUSINESS TEL NATURE OF TESTIMONY ADDRESS HOME TEL BUSINESS TEL NATURE OF TESTIMONY Ci ADDRESS HOME TEL BUSINESS TEL NATURE OF TESTIMONY □□□ ADDRESS HOME TEL. BUSINESS TEL NATURE OF TESTIMONY COMPLAINANT AND/OR POLICE WITNESS AND INVESTIGATING DETECTIVE: RANK NAME SHIELDNO. SERIALNO. COMMAND VACATION SQUAD PO SHANE W RYAN 150 R1961 PTL OF TESTIMONY FO BRENDAN A WILLIAMS 173 W6167 PTL OF TESTIMONY PO FRANCISCO x BALLEN 172 B4295 PTL OF TESTIMONY FO BRETT J MALFETANO 170 M6310 PTL URE OF TESTIMONY PO JASON MARQUES 154 M9185 PTL OR TESTIMONY (WRITTEN,ORAL,OR RES GESTE (SPONTANEOUS) AT SCENE,AS CLOSELY AS POSSIBLE TO DEFENDANT'S OWN WORDS.)

NAME: Date: Time: Place: To whom made: KNOWN, WHAT DID DEFENDANT OR SUSPECTS SAY TO OFFICER AT SCENE ANDIOR UPON ARREST OR TRANSPORT? (WHO WAS STATEMENT MADE TO) □ □□□□ DID DEFENDANTS SAY TO INVESTIGATING DETECTIVE? □ TT i □ □ PLACE OF OCCURRENCE: (INCLUDE BUSINESS NAME IF ANY) STATE ST OSSINING AND TIME OF OCCURENCE 10/08/2024 17:18 DATE AND TIME REPORTED 10/08/2024 17:27 TIME AND PLACE APPREHENDED 10/08/2024 , STATE ST OSSINING ANY INJURIES TO ANY CIVILIAN OR OFFICER: (INCLUDE NAME OF PERSON, NATURE, CAUSE, HOSPITAL AND DOCTOR) PERSON: AIDED NO: DETAILS DA NOTIFIED: YES T NOT ATSCENET] te ee SP -_—_e— Sf we we ee ee ——sS nn one Fe a □□ Officer Williams, and Officer Ballen responded to the North East Corner of State Street and Broad Ave where Officer Marques and Officer Ryan were out with a black male, later identified as Darnell Hicks {(DOBO5/16/1977) .

Upon arrival, I, Officer Malfetano observed Officer Marques and Officer Ryan with Darnell Hicks on the sidewalk. I observed Darnell Hicks yelling aggressively towards Officer Marques and Officer Ryan on the Northeast corner of Broad ave and State Street.

Officer Marques stated to Darnell Hicks(DOB05/16/1977) if he uses abusive or obscene language on a public sidewalk he will be arrested for disorderly conduct. SSS SS SSS SS Officer Malfetano observed Darnell Hicks continue to yell in an aggressive ACCIDENT: TYPE OF ACCIDENT OTHER MOTOR VEHICLE [] FIXED OBJECT [J BICYCLIST [] COLLISION WITH BenestRIAND] OTHER(SPECIFY) FATAL [[] SERIOUS, REQUIRING HOSPITALIZATION [] MINOR [] OTHER(SPECIFY) [] READING IN DRIVING WHILE INTOXICATED CASES TEST 1. TEST 2. REFUSED TEST L] FIOR DAMAGE TO PROPERTY: ors DAM VALUE RECOVERED(WHERE,BY WHOM,DATE) UNRECOVE NAME DATE, TIME, PLACE TYPE OF L.D.(LINEUP, PHOTO, SHOW UP AT SCENE) WITNESS R HICKS

QUANTITY AND DESCRIPTION CASE NUMBER OBTAINED FROM HOW OBTAINED AND BY WHOM PHONE CALLS: DATE TIME NOb DATE TIME DATE TIME NOP ANY WITNESSES POTENTIAL DEFENDANTS? YES [] NO [| NAME COMMENTS ABOUT ANY DEFENDANTS ON PROBATION, PAROLE, POSSIBILITY OF FLIGHT, PENDING CASES AND ROOTS IN THE COMMUNITY.

BETWEEN DEFENDANT AND WITNESSES?

ANY COMPLAINANTS OR WITNESSES HAVE PRIOR RECORDS?

RELATED GASES OR POSSIBLE CO-DEFENDANTS, OR ANY SPECIAL KNOWLEDGE REGARDING THIS CASE ANY UNRECOVERED WEAPONS OR DANGEROUS INSTRUMENTS.

TA

MISDEMEANORS: ATTACH COPY OF ARREST FORM, ORIGINAL SUPPORTING DEPOSITIONS,CLOSEOUT STATEMENTS, AND OTHER STATEMENTS AND □□□□□□ FELONIES: ATTACH COPY OF ARREST FORM, AND 2 COPIES OF STATEMENT OF DEFENDANT, AND 1 COPY EACH OF STATEMENTS FROM ALL OTHERS SUPPORTING DEPOSITIONS, CLOSEOUT STATEMENTS, AND ANY OTHER STATEMENTS AND REPORTS SK OFFICER SIGNATURE - SQUAD OR BUREAU SUPERVISOR(IF DD CAS SIGNATURE - MEMBER PREPARING FOI ATURE | E) | YR □□ pes ae a he Oe oe eS = #: OV-027678-24 CASE REPORT # : oV-00917-24 NO...: OV-00543-24 DD NUMBER....-: OFFENSE with his phone extended in his right hand which appeared to be at the time. Darnell Hicks continued yelling, causing Five to congregate in the surrounding area around the Officers and Hicks watching the above-listed incident.

Darnell Hicks proceeded to state to Officer Malfetano, "Suck My". After "Suck My" to Officer Malfetano Darnel Hicks then stated"You heard T said," in an aggressive manner. Officer Malfetano told Darnell Hicks place his hands behind his back. Officer Malfetano, Officer Ryan, Ballen, and Officer Marques restrained Darnell Hicks. Officer then placed handcuffs on Darnell Hicks. Darnell Hicks was arrested using abusive and obscene language in a public place. officer Malfetano searched and transported Darnell Hicks to the Ossining Headquarters to lodge him. In the booking area Darnell Hicks stated came out here to get locked up". Officer Malfetano lodged Darnell in cell 3.

Darnell Hicks was issued a Desk Appearance #13126 for disorderly conduct Penal Law 240.20(3). Court Appearance date 10/15/2024 0900 Hours.

□□□ AFFIRMATION OF SERVICE ALIYAH PIMENTO being duly sworn, deposes, under penalty of perjury of the State of New York, which may include fine or imprisonment, says: I am not a party to this action am over 18 years of age and resident in the State of New Jersey. On 15th day of April, 2025, I served the within LETTER MOTION TO STAY OR DISCONTINUE WITH EXHIBIT A AND CASE LAW upon: VIA CERTIFIED MAIL Darnell R. Hicks Pro se Plaintiff Main Street, Apt. 6C Peekskill, NY 10566 those being the addresses designated by said attorneys for that purpose, by mail and/or depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of: the United States Post Office Department via mailing first class.

I understand that the foregoing may be used in an action or proceeding in a court of law.

Aliyah Pimento____ ALIYAH PIMENTO