Much as I admire the expression of pedantry in jingle form, all tortoises are turtles. Also, I think that's a Red-eared Slider, which is not a tortoise by any definition. (In New York it's probably a descendant of abandoned pets.)
I agree with all of this. Red-eared Sliders are native to areas around the Mississippi but are hardy enough to live in most places in the US after they get put in local ponds. I have two of this size living in a 100 gallon tank in our kitchen.
Hardy enough for brackish water as well: that inlet is at the north end of New York Harbor, so it's a tidal estuary. (The Hudson is somewhat tidal a long way north of the city, in fact.)
That looks like a classic Red-Eared Slider, to me. I had one as a pet many years ago, until she outgrew her tank. Then, with a clean bill of health, I sent her off to join a large colony of the same species in Audubon Park.
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http://srslycute.com/2202/dude-thats-a-tortoise/
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It's interesting that the water is clean enough to support such creatures.
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