Cleveland Cavaliers guard JR Smith will accept a deal that requires him to pay $600 to a fan after he tossed the fan's cellphone 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.

On Wednesday, Smith's lawyer, Alex Spiro, and Manhattan prosecutor John Johnsen said in court that they expect to finalize an adjournment-in-contemplation-of-dismissal agreement in their next court appearance, according to reports.

On July 26, a man told police that Smith grabbed his cellphone and threw it into a construction zone in Manhattan after the man tried to take a picture of Smith.

Spiro told reporters that Smith, 32, will pay $600 in restitution to the fan for his lost phone.

"We have reached dismissal in Cellphone-gate," Spiro quipped to reporters.

Smith was not in court on Wednesday and is due back on Nov. 15 for his arraignment. He spoke to police about the incident in late August.