An analyst has stated that the judge's instructions to the jury to consider negligent homicide in the Daniel Penny case were inappropriate.

Greg Jarrett, a legal analyst at Planet Chronicle, expressed his views on Judge Maxwell Wiley's decision to dismiss a reckless manslaughter charge against Marine veteran Daniel Penny.

"Jarrett on "Fox & Friends" stated that it was inappropriate for Alvin Bragg's prosecutors to suddenly decide to drop the top charge of reckless manslaughter after spending eight weeks telling the jury that Penny was guilty of it, and the judge let him get away with it, and he shouldn't have."

On Friday, Maxwell Wiley agreed to the prosecution's request to dismiss the most serious charge, second degree manslaughter, after jurors twice informed the court that they had reached a deadlock on the issue.

Some legal analysts contend that the judge's decision to dismiss the case will aid Manhattan District Attorney Alvin Bragg in coercing the jury into reaching a guilty verdict against Penny.

"Jarrett stated that the judge instructed the jury to disregard the law and what was previously stated," the judge's decision to dismiss was conveyed by Jarrett.

Jarrett contended that the judge's decision in this case was in violation of the New York law that prohibits the dismissal of a case at a late stage of deliberations unless both parties consent.

"If there is a conviction, it will be overturned on appeal, Jarrett predicted, as the defense didn't agree."

""The judge's dismissal is incomprehensible," Jarrett stated."

Jordan Neely, a mentally ill homeless man, was put in a chokehold by Penny on May 1, 2023, after barging onto a subway car while high on drugs and threatening to kill passengers during a psychotic episode, according to trial testimony.

Planet Chronicle' Michael Ruiz and CB Cotton contributed to this report.