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

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.

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.