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According to a New York Post report, the judge ruling over the Daniel Penny trial has dismissed the manslaughter charge after the jury could not reach a unanimous decision — twice.

“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 Post reports.

The jury will continue deliberating on the lesser charge of criminally negligent homicide.

This story is developing…