N.Y. PEN. LAW § 120.25 : NY Code - Section 120.25: Reckless endangerment in the first degree.
A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person. Reckless endangerment in the first degree is a class D felony.
This is satisfied when the victim said he could not breathe and the officer continued with the choke hold evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.
There you go. You're welcome.
Pockets should be outlawed. Reaching into one’s pocket can get you shot dead by law enforcement. Since the Patriot Act, bad cops (or the newbie cops) are assuming that citizens are the enemy and their first thought is to use their firearm. That should be the last resort. No more pockets - people are dead cuz cops thinks pockets mean there’s a weapon.