Daniel Penny has chosen not to testify at his trial in the death of an agitated man he choked on a subway train.

The defense has rested its case in the trial of Daniel Penny, the former Marine who held Jordan Neely in a fatal chokehold on the New York City subway last year, after four days of witness testimony.

NEW YORK -- The defense in the Daniel Penny manslaughter case rested Friday without their client taking the stand. The judge will hold a charging conference with the attorneys Monday to discuss his instructions to the jury.