NEW YORK (CBSNewYork/AP) — A judge has dropped the most serious charge against a Brooklyn man accused of viciously kicking a cat.

A state Supreme Court judge ruled Thursday that prosecutors failed to demonstrate that the feline had been injured.

Andre Robinson was caught on video in May allegedly kicking a stray cat. Police said he was seen on the video luring the gray and white cat, patting it on the head and then kicking it in the stomach, sending the feline sailing 20 feet through the air.

Days later, the video caught the attention of police who identified the location as the Brevoort Houses in Bedford-Stuyvesant.

Robinson was charged with torturing and injuring an animal. The charge required prosecutors offer evidence of the cat’s injuries. The charge carries a maximum sentence of one year in jail.

The judge said the charge could be restored if prosecutors return with the evidence.

The American Society for the Prevention of Cruelty to Animals in New York City said the 1-year-old cat, named King, was later adopted after it was brought to the ASPCA following the incident.

Meanwhile, prosecutors on Thursday added another charge against Robinson, attempted animal torture and injury. It carries up to 90 days in jail.

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