An off-duty NYPD sergeant is accused of shooting a personal trainer after arriving home and finding him with his wife, according to the victim's lawyer.

Jason Russo says the 34-year-old Queens cop chased the man from his Long Island home and threatened to kill him, before firing his weapon.

The victim, armed with a bat, was hit in the chest, but is already out of hospital and is due to speak to police this weekend.

The sergeant has been placed an modified duty and forced to turn over his gun and his badge.

The lawyer is pushing for the cop to be charged with attempted murder.

Mr Russo says his client, aged 29, was not in a romantic relationship with the cop's wife, but she wasn't a client, either.

Nassau County police are investigating. The officer has not been named.

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