A judge has dismissed the manslaughter charge against Daniel Penny, who is accused of choking a man to death on an uptown F train last year.

Penny still faces a lesser charge of criminally negligent homicide. That crime is punishable by up to four years in prison.

The judge’s decision came after jurors Friday sent two notes saying they could not agree on whether Daniel Penny is guilty of manslaughter, the top charge against him in the death of Jordan Neely.

It was prosecutors who asked Judge Maxwell Wiley to dismiss the top count. Penny’s defense lawyers objected, saying to do so could compromise the verdict.

Penny is charged with putting Neely, a former Michael Jackson impersonator with schizophrenia, into a chokehold that prosecutors and the city medical examiner says led to Neely’s death.

The jury has been deliberating since Tuesday afternoon.

Witnesses to the May 1, 2023 incident say Neely started yelling threats after he boarded the train. Penny held Neely in a chokehold on the floor of the subway for about six minutes, according to evidence presented at trial. Neely was pronounced dead soon after.

The trial, which began in late October, focused on whether Penny caused Neely’s death by holding him in a chokehold for as long as he did — and whether his actions were justified.

Prosecutors argued Penny went “way too far” and held onto Neely’s neck for longer than he needed to, killing him. Penny’s attorneys say Penny was trying to protect himself and fellow passengers and argued that his actions may not have directly caused Neely’s death.

A passenger on the train that day recorded several minutes of the encounter, and his video went viral, sparking polarized reactions from people across the city and country. Some — including conservative lawmakers and celebrities — saw Penny as a hero and donated more than $3 million to his legal defense fund. Others condemned Penny as a vigilante and flooded subway platforms to protest his actions.

After jurors sent Wiley their first note saying they could not reach a unanimous decision on the manslaughter charge, the defense moved for a mistrial. Penny’s lawyers argued that pressuring the jurors to reach consensus after they said they couldn’t would be coercive. The lawyers added that the case is not factually complicated.

“I disagree that the facts aren’t complicated,” Wiley said. “It is a very factually complicated case.”

Wiley then called the jurors back and urged them to look at the case with fresh perspective.

One juror reacted strongly to this, shaking his head in disgust multiple times.

Jurors then quickly sent another asking for the definition of “reasonable person.” The judge told the jurors that it was up to them to decide what a “reasonable person” is.

After three more hours, the jurors returned with another note saying they couldn’t reach a consensus. Prosecutors then told the judge they were considering dismissing the manslaughter charge.

Penny’s lawyers left the courtroom smiling. Neely’s father, Andre Zachery, walked out slowly, with heavy steps and a fatigued face.

After a short recess, prosecutors returned and moved to dismiss the manslaughter charge. The judge agreed and sent the jury home for the weekend to consider only the lesser charge.