A judge in Brooklyn dismissed charges of torture and abuse against accused cat-kicker Andre Robinson.
Robinson, 22, was caught on camera luring a 1-year-old tomcat named King, then kicking him 20 feet into the air in May, near Brevoort Houses in Bedford-Stuyvesant.
The judge told attorneys that prosecutors did not sufficiently prove the cat had been injured, but said the charges could be reinstated with new evidence.
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Robinson still faces charges of attempted animal torture and injury.
A cell phone video of Robinson kicking the stray tomcat went viral last spring.
Authorities tracked down Robinson soon after, arresting him and charging him with aggravated animal cruelty.
If convicted on the top charge, Robinson faced up to a year in jail. The attempted cruelty charge carries 90 days in jail.
King was eventually adopted in June through the ASPCA.