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A judge denied Daniel Penny’s motion to dismiss his involuntary manslaughter caseover the chokehold death of Jordan Neely on a subway car.

“The Court has reviewed the cases cited by [the] defendant in light of the evidence presented and finds that, here, the evidence was legally sufficient to establish that [the] defendant acted with both recklessness and criminal negligence,” Judge Maxwell Wiley said in the decision, pointing to testimony from the medical examiner that attributed Neely’s death to trauma to the neck and his movements associated with death in video footage. The medical examiner determined Neely was killed by a chokehold and his death was ruled a homicide.

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