You should when you are about to use a tactic which you know can kill. The dangers of using a "choke" or "sleeper" hold are well known and I was warned of them 30 years ago when I was taught the tactic. I was taught the manuever was especially dangerous to obese people or anyone who has difficulty in breathing.
But the NYPD has already banned the practice. But it’s not against the law. So he wasn’t indicted, but he will most likely face department charges.