The 'Shouldn't have been illegal in the first place or it wouldn't have happened,' like Hannity was bellowing today, is really a non sequitur. If it was their normal level of force for nonviolent offenders, is that how they handle people who want to argue about parking tickets or other petty offenses with the State as the only victim? The guy was committing a revenue violation, a pretty trivial one at that, the level of force was pretty disproportionate to the situation and I can see how the people already pissed at the cops would be sent into orbit on this one.
Of course in the People's Democratic Paradise of New York, there is nothing more serious than a revenue violation, since it threatens the Great Mother State.