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More good news out of New York this afternoon.

The trial judge in the Penny case has agreed to drop the manslaughter charge against the former marine after a hung jury could not reach a verdict.

And all American patriots breathe a cautious sigh of relief.

A Manhattan judge on Friday agreed to drop the top charge against Daniel Penny in the subway chokehold death of Jordan Neely.

‘We move to dismiss the top count of manslaughter in the second degree,’ Assistant District Attorney Dafna Yoran told the court at around 3:30 p.m.

The judge then signed off on the request — which came after jurors twice said Friday they couldn’t come to a verdict on the manslaughter rap.

The manslaughter charge was the key to the case, and with that charge being dropped the likelihood of Penny being found guilty on any charge has decreased tremendously.

People are confused as to why the jury is breaking for the weekend when the core component of the case has been dismissed.

It’s not quite clear where the prosecution can go from here or why the judge is dismissing the jury for two days, or if the court can uphold the secondary charges when the manslaughter charge has been dropped.

We will keep you updated.

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