A New York City jury will begin on Monday weighing whether to convict Marine veteran Daniel Penny of criminally negligent homicide in the death of a man he placed in a chokehold on a subway train, after the jurors said last week they couldn't reach a unanimous verdict on a more serious charge.

Jury deliberations resume Monday in the Daniel Penny subway chokehold trial​, but jurors will only need to consider one lesser charge.

A judge dismissed a manslaughter charge against Daniel Penny, who fatally choked Jordan Neely, leaving jurors to consider a criminally negligent homicide charge.