MINEOLA, N.Y. (CBSNewYork/AP) — A New York judge has declined to dismiss charges against a police officer accused of assaulting a driver in an incident captured on a store surveillance camera.

Supervising Nassau County Judge Christopher Quinn ruled Monday that grand jury evidence against Vincent LoGiudice is “legally sufficient” for an indictment, Newsday reported.

LoGiudice pleaded not guilty in June to three assault counts.

Prosecutors say he punched and kicked a 21-year-old motorist during an April traffic stop. Authorities dropped the initial assault, resisting arrest and drug charges against the driver, Kyle Howell.

Police have said Howell initiated the violence by kicking at LoGiudice and another officer when they allegedly tried to stop him from eating marijuana he had in his possession.

Howell, who suffered facial fractures in the incident, denies that claim and said the beating was unprovoked.

Kyle Howell suffered facial fractures during a traffic stop in Nassau County. (credit: Handout)

Kyle Howell suffered facial fractures during a traffic stop in Nassau County. (credit: Handout)

Howell’s attorney claims the incident was racially motivated. Howell is black; the officer is white.

LoGuidice’s attorney denies those accusations.

Howell has said he plans to sue.

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