point out, didn't just have a history of violence, but multiple assaults actually in the subway specifically. >> right. so new york law, again, is very nuanced. with respect to mr. neely's criminal history and tendency to violence which is extensive, that actually probably is not legally relevant in this case because in order for mr. penny to be justified, he would have had to have acted reasonably and perceived whether mr. neely was using deadly physical force or whether that was imminent. and what you to do is you look at all the attendant circumstances as he saw them, and you try to say was he acting reasonably. and these are strangers, so the likelihood that mr. penny would have any knowledge whatsoever of mr. neely's propensity to rages and what not actually is not going to be relevant. what i do think is an interesting issue is the fact that on the video that you've