A Manhattan judge on Friday agreed to drop the top charge against Daniel Penny in the subway chokehold death of Jordan Neely.
“We move to dismiss the top count of manslaughter in the second degree,” Assistant District Attorney Dafna Yoran told the court around 3:30 p.m.
The judge signed off on the request — which came after jurors twice said Friday they couldn’t come to a verdict on the manslaughter rap.
The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train.
He has pleaded not guilty.