J.R. Smith wasn’t charged after a heckling New York fan accused the Cavaliers guard of choking him in 2015 .

But, back in New York, the former Knicks guard has run into potential trouble with another fan.

TMZ:

Law enforcement sources tell us … they got a call around 2:30 AM on Sunday morning from a guy who says he tried to take a picture with the Cleveland Cavs star outside of The Park, a hotspot in Chelsea. Smith allegedly turned the fan down — telling him no photos — but he snapped one anyway

We’re told … Smith allegedly approached the fan and snatched the phone out of his hand and then launched it into a nearby construction zone. The fan claims his $800 phone was damaged and he has filed a report with police.

It is unpleasant for someone to take a picture of you without permission, but Smith didn’t hold a reasonable expectation of privacy on a public sidewalk. The fan would have been within his legal rights to photograph Smith.

We’ll eventually see what’s determined about whether Smith followed the law.