Reports: J.R. Smith accused of grabbing fan's phone, tossing it after having his picture taken

New York police are investigating Cleveland Cavaliers guard J.R. after a fan accused him of taking his mobile phone and tossing it after having his picture taken, according to multiple reports.

TMZ first reported the alleged incident that occurred around 2:30 a.m. Sunday outside of a New York club. A fan approached Smith asking to take a photo.

Fan says Smith got angry after he took his picture

When Smith declined and the fan took a photo anyway, the fan says Smith approached him, grabbed his phone and threw it into a construction site, according to the report.

The fan then filed a police report, claiming his $800 phone was damaged, TMZ reports. Smith has not been charged with a crime, according to the report.

The New York Daily News adds that the 20-year-old fan claimed criminal mischief in his complaint.

27 PHOTOS
J.R. Smith through the years
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J.R. Smith through the years
LOS ANGELES - OCTOBER 24: J.R. Smith #23 of the New Orleans Hornets waits to enter the game during a preseason game against the Los Angeles Clippers on October 24, 2004 at Staples Center in Los Angeles, California. The Clippers won 97-93. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Lisa Blumenfeld/Getty Images)
OAKLAND, CA - NOVEMBER 28: J.R. Smith #23 of the New Orleans/Oklahoma City Hornets looks on during a game against the Golden State Warriors at the Arena in Oakland on November 28, 2005 in Oakland, California. The Warriors won 99-83. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2005 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
OAKLAND, CA - MARCH 29: J.R. Smith #23 of the New Orleans/Oklahoma City Hornets catches his breath during the game against the Golden State Warriors on March 29, 2006 at the Arena in Oakland, California. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2006 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
WASHINGTON - NOVEMBER 9: J.R. Smith #1 of the Denver Nuggets shoots a free throw during the game against the Washington Wizards at the Verizon Center on November 9, 2007 in Washington, D.C. The Nuggets won 118-102. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2007 NBAE (Photo by Ned Dishman/NBAE via Getty Images)
DENVER - MARCH 05: Chauncey Billups #7 of the Denver Nuggets huddles with teammates Chris Andersen #11, Carmelo Anthony #15, J.R. Smith #1 and Linas Kleiza #43 as they face the Portland Trail Blazers during NBA action at the Pepsi Center on March 5, 2009 in Denver, Colorado. The Nuggets defeated the Trail Blazers 106-90. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Doug Pensinger/Getty Images)
SACRAMENTO, CA - MARCH 8: J.R. Smith #1 of the Denver Nuggets shoots a free throw during the game against the Sacramento Kings at Arco Arena on March 8, 2009 in Sacramento, California. The Kings won 114-106. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2009 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
DENVER - MAY 23: J.R. Smith #1 of the Denver Nuggets takes the ball to the basket against the Los Angeles Lakers in Game Three of the Western Conference Finals during the 2009 NBA Playoffs at Pepsi Center on May 23, 2009 in Denver, Colorado. The Lakers won 103-97. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2009 NBAE (Photo by Noah Graham/NBAE via Getty Images)
MINNEAPOLIS, MN - DECEMBER 29: J.R. Smith #5 of the Denver Nuggets shoots against the Minnesota Timberwolves during the game on December 29, 2010 at Target Center in Minneapolis, Minnesota. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2010 NBAE (Photo by David Sherman/NBAE via Getty Images)
DENVER, CO - FEBRUARY 28: Raymond Felton #20 and J.R. Smith #5 of the Denver Nuggets celebrate after connecting to score against the Atlanta Hawks during NBA action at the Pepsi Center on February 28, 2011 in Denver, Colorado. The Nuggets deafeated the Hawks 100-90. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Doug Pensinger/Getty Images)
HANGZHOU, CHINA - OCTOBER 21: (CHINA OUT) NBA star J.R. Smith arrives in Hangzhou after signing with the Zhejiang Chuzhou Professional Basketball Club of CBA on October 21, 2011 in Hangzhou, China. (Photo by VCG via Getty Images)
SACRAMENTO, CA - DECEMBER 28: J.R. Smith #8 of the New York Knicks in a game against the Sacramento Kings on December 28, 2012 at Sleep Train Arena in Sacramento, California. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images Agreement. Mandatory Copyright Notice: Copyright 2012 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
TARRYTOWN, NY - APRIL 22: J.R Smith #8 of the New York Knicks is the winner of the 2012-13 Kia NBA Sixth Man Award as the league's best player in a reserve role on April 22, 2012 at the Madison Square Garden Training Center in Tarrytown, New York. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2013 NBAE (Photo by Jennifer Pottheiser/NBAE via Getty Images)
Boston, MA - APRIL 26: J.R. Smith #8 of the New York Knicks handles the ball during game against the Boston Celtics in Game Three of the Eastern Conference Quarterfinals during the 2013 NBA Playoffs on April 26, 2013 at the TD Garden in Boston. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2013 NBAE (Photo by Chris Elise/NBAE via Getty Images)
NEW YORK, NY - NOVEMBER 10: J.R. Smith #8 of the New York Knicks warms up before the game against the San Antonio Spurs at Madison Square Garden on November 10, 2013 in New York City. The Spurs defeat the Knicks 120-89. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Maddie Meyer/Getty Images)
NEW YORK, NY - FEBRUARY 24: J.R. Smith #8 of the New York Knicks stands on the court during a game against the Dallas Mavericks on February 24, 2014 at Madison Square Garden in New York City. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory Copyright Notice: Copyright 2014 NBAE (Photo by Nathaniel S. Butler/NBAE via Getty Images)
CLEVELAND, OH - OCTOBER 30: Carmelo Anthony #7 and J.R. Smith #8 of the New York Knicks talk between plays during the second half against the Cleveland Cavaliers at Quicken Loans Arena on October 30, 2014 in Cleveland, Ohio. The Knicks defeated the Cavaliers 95-90. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Jason Miller/Getty Images)
CLEVELAND, OH - JANUARY 7: J.R. Smith #5 of the Cleveland Cavaliers in action against the Houston Rockets during the first half of their game on January 7, 2015 at Quicken Loans Arena in Cleveland, Ohio. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by David Maxwell/Getty Images)
CLEVELAND, OH - APRIL 21: J.R. Smith #5 of the Cleveland Cavaliers celebrates after scoring in the second half against the Boston Celtics in Game Two of the Eastern Conference Quarterfinals during the 2015 NBA Playoffs 2015 at Quicken Loans Arena on April 21, 2015 in Cleveland, Ohio. The Cavaliers defeated the Celtics 99-91. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Jason Miller/Getty Images)
CLEVELAND, OH - MAY 26: LeBron James #23 and J.R. Smith #5 of the Cleveland Cavaliers reacts on the bench late in the fourth quarter against the Atlanta Hawks during Game Four of the Eastern Conference Finals of the 2015 NBA Playoffs at Quicken Loans Arena on May 26, 2015 in Cleveland, Ohio. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this Photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Gregory Shamus/Getty Images)
CLEVELAND, OH - FEBRUARY 10: Kevin Love #0 celebrates with J.R. Smith #5 and LeBron James #23 of the Cleveland Cavaliers during the first half against the Los Angeles Lakers at Quicken Loans Arena on February 10, 2016 in Cleveland, Ohio. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory copyright notice. (Photo by Jason Miller/Getty Images)
SACRAMENTO, CA - MARCH 9: J.R. Smith #5 of the Cleveland Cavaliers looks on during the game against the Sacramento Kings on March 9, 2016 at Sleep Train Arena in Sacramento, California. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images Agreement. Mandatory Copyright Notice: Copyright 2016 NBAE (Photo by Rocky Widner/NBAE via Getty Images)
CLEVELAND, OH - JUNE 16: J.R. Smith #5 of the Cleveland Cavaliers reacts after a play in the third quarter against the Golden State Warriors in Game 6 of the 2016 NBA Finals at Quicken Loans Arena on June 16, 2016 in Cleveland, Ohio. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Jason Miller/Getty Images)
MILWAUKEE, WI - DECEMBER 20: J.R. Smith #5 of the Cleveland Cavaliers participates in warmups prior to a game prior to a game against the Milwaukee Bucks at BMO Harris Bradley Center on December 20, 2016 in Milwaukee, Wisconsin. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Stacy Revere/Getty Images)
CLEVELAND, OH - MAY 3: JR Smith #5 of the Cleveland Cavaliers reacts to a fan during the second half of Game Two of the NBA Eastern Conference semifinals against the Toronto Raptors at Quicken Loans Arena on May 3, 2017 in Cleveland, Ohio. The Cavaliers defeated the Raptors 125-103. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Jason Miller/Getty Images)
TORONTO, ON - MAY 6: Cleveland Cavaliers guard JR Smith (5) with a nice little side dish on Toronto Raptors forward Serge Ibaka (9). Toronto Raptors vs Cleveland Cavaliers in 1st half action of NBA 2nd round playoff action at Air Canada Centre. Toronto Star/Rick Madonik (Rick Madonik/Toronto Star via Getty Images)
MILWAUKEE, WI - OCTOBER 20: JR Smith #5 of the Cleveland Cavaliers participates in warmups at halftime during a game against the Milwaukee Bucks at the Bradley Center on October 20, 2017 in Milwaukee, Wisconsin. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Stacy Revere/Getty Images)
BOSTON, MA - MAY 27: LeBron James #23 of the Cleveland Cavaliers celebrates with JR Smith #5 in the second half against the Boston Celtics during Game Seven of the 2018 NBA Eastern Conference Finals at TD Garden on May 27, 2018 in Boston, Massachusetts. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Adam Glanzman/Getty Images)
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Not Smith’s 1st alleged NYC incident

This is not Smith’s first alleged dust-up with a fan in the New York streets. A 19-year-old accused Smith of choking him outside a pizza shop in 2015 after heckling him about being traded from the Knicks to the Cavaliers. Smith was not charged in that incident.

Smith’s attorney Alex Spiro denied the latest accusation to TMZ.

“The claim is nonsense, and we do not have anything to say about nonsense.”

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