According to
this New York Times article, New York cops think it is -- even though they're dead wrong. Not that being wrong stopped them from harassing, arresting and issuing a number of summons to the photographer. Lawsuits will probably (and quite rightly) ensue, with the tax payers of New York ultimately footing the bill for the ignorance and paranoia of these cops.
And so it goes. Isn' it amazing how a bit of glass and film (or glass and flash storage media) can be so incredibly dangerous in the minds of certain individuals who should know better?