This incident is unlikely to result in criminal charges and will probably end up as a lawsuit against Marshall and NYC that will take years to litigate. Any potential criminal charges will probably hinge on whether or not he acted "recklessly" as defined by NY State Penal Law, section 15.05:
3. "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.
I doubt his actions/inactions rise to the level of a gross deviation. However, legal precedents would apply here. Applying cases involving motor vehicles might be difficult to do and cases involving bicycles are probably sparse. Of course a prosecutor could make a unique argument applied to this incident to try and establish proof of a gross deviation.
If it CAN be determined that he acted recklessly, then he could possibly face a charge of 2nd degree Manslaughter:
Section 125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person;
Laws of NY:
Laws of New York - Penal Law