A judge has denied former Marine Daniel Penny's motion to dismiss his involuntary manslaughter case over the chokehold death of Jordan Neely on a New York City subway car

Penny's attorneys argue that the victim, Jordan Neely, was "insanely threatening" at the time of the incident.

Prosecutors argue that Penny maintained his chokehold on Neely's neck for six minutes, well past the point when Neely stopped "purposeful movement."

Penny's case will return to court on March 20.

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