The case of a Marine veteran from West Islip charged in the chokehold death of a New York City homeless man will go to trial.

A New York judge denied Daniel Penny’s motion to dismiss his involuntary manslaughter case.

Penny is accused of choking Jordan Neely to death last May. Witnesses say Neely shouted at and begged passengers for money in a New York City subway car.

Penny already pleaded not guilty to manslaughter and negligent homicide charges.

Penny is due back in court in March.