Dr. Cynthia Harris, who ruled that Neely’s death was a homicide caused by Penny’s chokehold, pointed out for jurors the exact moment when Neely passed out on the subway car’s floor — with Penny still wrapping his arm around Neely’s neck.

A Manhattan jury completed its second day of deliberations without a verdict in the fatal chokehold case against West Islip native Daniel Penny for the death of a homeless man, Jordan Neely, on a subway train last year.

The case arose from subway rider Jordan Neely’s death after he made an outburst and Penny put him in a chokehold in May 2023. Judge Maxwell Wiley agreed Friday to dismiss the indictment’s top count of manslaughter and directed the panel to start deliberating Monday on the lesser homicide charge, which carries a lighter punishment.