A Manhattan judge has denied a motion to dismiss charges against Daniel Penny, the former Marine accused of choking Jordan Neely to death on a subway train last year.

Penny pleaded not guilty in June to manslaughter and negligent homicide charges in connection with Neely’s death on an F train in Manhattan last May. 

On Wednesday, Justice Maxwell Wiley determined the case against Penny will move forward, saying in a written order that there was sufficient evidence to show that Penny's actions caused Neely's death.

Neely, a onetime Michael Jackson impersonator who experienced homelessness and mental illness, died from "compression of the neck," or "chokehold," according to the medical examiner, who also testified there were scrapes and bruises on Neely's neck, in addition to bleeding or hemorrhages of some of the muscles in the neck.

The judge also referred to video of the incident, which appears to show Neely go lifeless. 

Penny had sought to have the case dismissed, pointing in part to testimony from passengers who said they felt threatened by Neely, who was shouting and acting aggressively before Penny pinned him to the ground. 

In a statement Wednesday, Penny's attorney called the case an ill-conceived prosecution, adding: "We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict."

Penny's attorney also noted at Wednesday's brief court appearance that synthetic cannabinoids were found in Neely's system, and said they hope to determine at what levels. The judge, meanwhile, said a trial will take place no earlier than the fall.

In a statement provided to NY1, Donte Mills, an attorney for Neely's family, called the judge's decision "a big win."

"A grand jury said Daniel Penny should face charges. His attorneys tried to get the judge to ignore the grand jury by throwing the charges out. It didn't work," Mills said. "The criminal charges against Daniel Penny will move forward."

Penny is due back in court in March, a spokesperson for the Manhattan district attorney's office said.