Yet another angle on the same event, this time from the Washington Post. It seems the Police chopper was "hovering" which means it was not moving so why would it need to swerve? Sounds to me like the pilot of the DJI Phantom device is the one that should be doing the swerving, otherwise he would have flown in to the hovering chopper. This also mentions 800 feet and if that were true then the DJI Phantom pilot was certainly above the 400 foot FAA regulations and should be 'penalized'!
New York police search chopper, drone nearly crash over city streets - Washington Times