Prosecutors on Monday are set to rest their case in 's month-long trial for the death of man last year on a Manhattan subway.
Penny, 26, claims he acted in self-defense and in defense of other passengers after Neely terrorized their subway car and threatened them, but prosecutors say he overstepped into vigilantism and criminally killed Neely with a chokehold.
Neely, 30, once was among the city’s corps of subway and street performers and was known for his impersonations. He struggled with drug abuse and a mental illness and had a criminal record that included assault convictions.
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