Cleveland Cavaliers guard JR Smith will accept a deal that requires him to pay $600 to a fan after he tossed the fan’s cell phone into a New York City construction site in late July, his lawyer says.

Smith was issued a desk ticket for misdemeanor criminal mischief as a result of the incident.

Smith and his lawyer, Alex Spiro, plan to accept an adjournment-in-contemplation-of-dismissal agreement that will require Smith to pay $600 to the man who owned the cellphone, per

The man told police he was attempting to take a picture of Smith when Smith took the phone and threw it. Smith was given a ticket for misdemeanor criminal mischief.

Smith wasn’t in court Wednesday but is scheduled to be there Nov. 15th for arraignment.