A Brooklyn man accused of brutally kicking a cat has dodged the most serious charge against him. 

According to the New York Times, Andre Robinson's charge of torturing and injuring an animal was dismissed by a state Supreme Court judge, who ruled that the prosecution had not proven that the cat was injured. 

A video was posted to Facebook allegedly showing Robinson kicking the stray feline several yards into the air back in May. 

He still faces a charge of attempted animal torture and injury.