Daniel Penny — the person who choked Jordan Neely to loss of life on a NYC subway — has averted a conviction thus far this week after a jury of his friends couldn’t come to a unanimous determination Friday in his trial … and prosecutors determined to drop the highest cost within the case because of this.

The prosecution moved to dismiss the second-degree manslaughter cost after the jury twice advised the decide as we speak they may not come to a unanimous verdict.

The decide agreed to drop the cost … and the jury will reconvene Monday to think about the lesser cost within the case — criminally negligent murder. If convicted, he might resist 4 years in state jail.

Penny was charged with second-degree manslaughter and criminally negligent murder — and the jury of seven girls and 5 males had been deliberating since Tuesday.

The central subject through the trial … was whether or not Penny was justified in putting 30-year-old Neely in what turned out to be a deadly chokehold after witnesses claimed Neely was threatening passengers on a NYC subway automotive on Could 1, 2023.

Prosecutors alleged Penny acted recklessly, whereas his protection workforce argued he was attempting to guard fellow subway riders from a menace.

A Marine veteran, 26-year-old Penny was charged in June 2023 following his arrest on Could 12 … which sparked huge protests within the Huge Apple.

The health worker dominated Neely’s loss of life a murder because of “compression of neck.”