A police officer who fatally shot a Hoftsra University student while she was held at gunpoint by an armed robber, has been cleared of any charges and wrongdoing.

The 28-page investigative report of the incident was released on Wednesday by the Nassau County District Attorney's office in New York.

The police officer is Nikolas Budimlic who fled to Hofstra University student, Andrea Rebello's apartment on May 17, 2013, after receiving a call about an armed robber holding people hostage in her apartment.

The suspected robber, Dalton Smith, had Rebello in a headlock while pointing a 9mm gun at her head when police arrived at the scene.

At the time, Smith was also a wanted felon after breaking parole for another armed robbery.

"Smith ignored numerous commands to drop his weapon and repeated his threats to shoot both Andrea Rebello and Officer Budimlic," the report said. "Officer Budimlic clearly and reasonably believed that the use of deadly physical force was necessary to defend himself and Andrea Rebello and, on this basis, made the decision to discharge his weapon," according to the investigative report.

Budimlic fired twice. However one bullet struck Smith while the other bullet struck Rebello. Immediately following the gunshots, Smith let go of Rebello and Budimlic proceeded to fire an additional six shots towards Smith.

Immediately following the incident, Rebello was transported to the Nassau University Medical Center. Soon after, she was pronounced dead. 

"The Nassau County Medical Examiner's office determined that Rebello died from a single gunshot wound to the head. The bullet entered behind her right ear. Smith died of multiple gunshot wounds," CNN reports.

"The tragedy of Andrea Rebello's death was not caused by any criminal misconduct by Officer Budimlic. Her death was caused by Dalton Smith's decisions. While her death is tragic, the law regarding justification is clear: A justification defense is applicable to any use of force, even if that use has unintended consequences," the report said.

Hofstra University has yet to comment on the report.