NEW YORK (AP) - A judge has tossed out a disorderly-conduct charge against a protester who was accused of trying to hurl his shoe at a New York transit official.

Steve Millies, an Amtrak worker from Queens, was arrested on Dec. 17 during a hearing on transit and toll hikes.

His lawyer says Millies only wanted to bear his sole - not throw the shoe at the chief executive of the Metropolitan Transportation Authority. Police grabbed him before he got the shoe off.

Monday, Hon. Marc Whiten in Midtown Community Court sided with the defendant.

Defense lawyer Julie Fry said Millies intended "a symbolic gesture" that's considered an insult in some parts of the world.

On Dec. 14, an Iraqi journalist was arrested after throwing shoes at former President George W. Bush.