Falcon A. Riley, 23, has been sailing alone for several weeks aboard a green-and-white 30-foot Hunter sailboat.
According to the Civilian Complaint Review Board, there were 3,314 complaints against the NYPD from January through June 2010. In the first half of 2009, there were 4,017.
Fire marshals were called to scene to investigate.
Judge Kaplan said he will delay the trial a few days if he excludes the witness and prosecutors appeal.
Ahmed Khalfan Ghailani is charged with conspiracy in the deadly bombings of two U.S. embassies in Africa in 1998 and will be tried in New York City.