ROCHESTER, N.Y. (WROC) — The New York Attorney General's Office of Special Investigation has concluded criminal charges should not be pursued for Rochester Police in a 2023 Christmas Eve shooting that left one man dead. Rochester police fatally shot Todd Novick, 46, around 8:30 a.m. on December 24 on Murray Street. Investigators said officers were called to the scene for reports of a man with a gun. In the Attorney General's review of the case, the Office of Special Investigation concluded "a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s actions were justified under New York law." The OSI added "under New York’s justification law, a police officer may use deadly physical force when the officer reasonably believes it to be necessary to defend against the use of deadly physical force by another." As seen in body-worn camera released by Rochester Police and later, the Attorney General's Office, RPD Officer Daniel Celiberti is seen and heard questioning Novick and another man, before Novick sprints away. The officer gives chase. Within four seconds, Novick appears to lift up his shirt and reach for his waistband. The officer aims his weapon and orders Novick to stop As Novick turns the corner he appears to have something in his hand. The officer says "drop the gun drop the-" then shoots five times. Police call for backup, saying a male is down and a handgun is recovered. Novick was taken to Strong Memorial Hospital, where he was pronounced dead. Click here to watch the full body camera video Police later said the handgun was a replica. Per policy, Officer Celiberti was put on paid administrative leave. The AG's reviewed the case under state law which requires the office investigate all incidents of an officer or officers potentially causing a person's death.