
The city’s police watchdog is investigating the NYPD over its call not to arrest Daniel Penny in the chokehold death of Jordan Neely on the subway last week, The Post has learned.
A spokeswoman for Civilian Complaint Review Board confirmed Thursday that a complaint had been filed with the agency and a formal probe was under way to see if there was any wrongdoing in the decision not to charge Penny, 24, after he was questioned by cops following Neely’s death on May 1.
It’s unclear who filed the complaint.
Penny’s release sparked backlash, with protesters and lawmakers calling for his arrest. He’s now set to turn himself in to cops Friday to face a second-degree manslaughter charge.
The CCRB would see if there was evidence of misconduct by the officers or supervisors involved in the decision to release Penny without charges. No such evidence has emerged.
The agency recently substantiated a complaint that NYPD Chief of Department Jeff Maddrey abused his authority by ordering a Brooklyn precinct sergeant to void the arrest of an ex-cop accused of flashing a gun at three teens in 2021.

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