The defense in the Daniel Penny manslaughter and negligent homicide case rested without their client taking the stand.

Penny is charged with manslaughter and negligent homicide in the May 2023 New York City subway chokehold death of Jordan Neely, a homeless man. Neely was acting erratically in a subway car when Penny put him in the deadly chokehold.

Penny, a former Marine, has pleaded not guilty to the charges.

The judge will hold a charging conference with the attorneys Monday to discuss his instructions to the jury.

The jury is off until after Thanksgiving, when the trial will resume with closing arguments, the judge’s instructions and deliberations.