NEW YORK (AP) — The judge overseeing the trial of a man accused of using a deadly chokehold on an unruly New York subway passenger dismissed the top charge in the case on Friday at prosecutors’ request, allowing jurors to consider a lesser count after they deadlocked on whether Daniel Penny was guilty of manslaughter.
Judge Maxwell Wiley’s decision will let jurors deliberate a charge of criminally negligent homicide, which carries a lighter punishment.
“Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two,” he said, before directing them to “go home and think about something else.”
The
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