But is it art?

I saw this man last week on 23 st. At first I was struck by the tones and colors, the creams and pale yellows in an area understructure full of shades and tones of grey. Then I responded to his nose and lips peaking out from the plastic hood. I saw the way the darks dropped down, lips, hands, feet, shadow of step. It moved me to take a photograph.

But it niggled at me, was the subject inappropriate to these thoughts? Does human misery (perhaps I project) enter the "picture"? See the man or do we? And, of course, is "it" art?