The 27-year-old was charged with reckless endangerment.
The small drone crashed into the 40th floor and then fell to a 35th floor landing around 8 p.m.
He was flying the drone in an attempt to take pictures and apparently lost control of the aircraft.
The man who claims he was flying the drone Tweeted that he was speaking with security after the drone got stuck on the Empire State Building.
filming w/drone, now its stuck on the empire state building....w/security #backgroundcheck @BlueMalus @johnnypittman pic.twitter.com/U5ih1hb2jz
— Sean Nivin Riddle (@SeanRiddle12) February 4, 2016
