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

Prosecutors scored some points when cross-examining a final defense witness about the manner in which Jordan Neely died while Penny held him in a chokehold.

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.