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Judge Maxwell Wiley dismissed the top manslaughter charge against Daniel Penny on Friday afternoon, following a contentious exchange in the courtroom. The case, which has garnered significant public attention, now hinges on the jury’s deliberation of the second-degree charge.
Assistant District Attorney Dafna Yoran, joined by Appeals Chief Steven Yu, motioned to dismiss the top charge of manslaughter in the first degree. “Removal of the top count, with prejudice, takes that concern away,” ADA Yu argued, referring to concerns about a “compromise verdict” should the jury remain deadlocked.
Penny’s attorney, Thomas Kenniff, strongly objected to the move, calling it a precedent-setting decision. “This has never been done before. It would encourage prosecutors to overcharge in the grand jury, with the option of withdrawing if hung,” Kenniff stated.
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