NEW YORK — Jurors will consider a lesser charge in the trial of a man accused of using a deadly chokehold on Jordan Neely while on subway in New York City last year after a judge dismissed the manslaughter charge on Friday following the jury’s deadlock.

At the request of the prosecutor, Judge Maxwell Wiley dropped the manslaughter charge against Daniel Penny, and will now allow jurors to deliberate on a charge of criminally negligent homicide.

Jurors had been deliberating on the trial since Tuesday. Wiley decided to drop the charge hours after receiving a note from jurors saying they were not able to come to a unanimous decision. The jurors had to reach a decision on the top charge of manslaughter before they could consider the lesser charge.

Neely died after Penny placed him in a chokehold for about six minutes in May 2023 on a New York City subway after Neely was yelling and asking for passengers money.

More on the trial and dismissed charges.