Prosecutors do not dispute that Neely was acting in an aggressive manner, they said in court documents. Video shows Penny wrapping his legs around Neely’s body as the pair are on the floor of the train car. Raiser said the defense plans to dispute that Penny had Neely in a chokehold at all. Hochul’s announcement came a week after a passenger had slashed a subway conductor in the neck and following other crimes in the subway system. And subway crime was down 5.1% year to date through the end of September, the police department said.

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Persons: Daniel Penny, Jordan Neely, Penny, Neely, Michael Jackson, Andrew Savulich, Steven, “, ”, Neely “, ” Penny, Kathy Hochul Organizations: New York City, New York, Police, TNS, Getty, Prosecutors, Marine Corps, Broadway, Lafayette Station, New York Gov, National Guard, Metropolitan Transportation Authority, New York Police Department, NYPD Locations: New York, New York City, Manhattan, excessiveness, Long