A Merrick man disturbed by noise from construction work across the street shot a worker with a pellet gun Tuesday, Nassau County police said.

Timothy Burzynski, 26, aimed a pellet gun out his window just before noon and shot the victim, a man, 31, in his upper back, according to a Wednesday news release.

Burzynski, of 123 Frederick Ave., "was being disturbed by the noise," police said.

Police said they recovered the pellet gun, in addition to seven other firearms and assorted ammunition.

Nassau County Police Ambulance transported the victim to a hospital for treatment of a pellet-gun wound.

Burzynski is charged with second-degree assault and third- and fourth-degree criminal possession of a weapon. He will be arraigned Wednesday at First District Court in Hempstead.

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