The baby is being "miracle on 34th Street" after being born on a subway train.
A judge denied Daniel Penny's motion to dismiss his involuntary manslaughter case over the chokehold death of Jordan Neely on an NYC subway car.
Frank James, who opened fire on a crowded subway car in Brooklyn at rush hour, injuring 10 people, was sentenced to 10 life terms.
Jordan Neely, a homeless man, was killed by a fellow subway passenger named Daniel Penny.
"His death is a tragedy that never should have happened," Mayor Eric Adams said.
The woman fell onto the subway tracks while suffering an apparent medical episode.