The purpose of the hearing is to sort out what evidence will be presented at trial.
Penny is charged with manslaughter and negligent homicide in the murder of Jordan Neely on board an F train in May of last year.
Penny put Neely in a fatal chokehold, which was captured on cell phone video by two tourists.
Penny's lawyers say he acted in self-defense after Neely, who suffered from mental health issues, started displaying what some described as aggressive behavior.
During the pre-trial hearing, we're expected to hear evidence from both sides.
Penny's lawyers say Neely had a psychiatric history of mental illness, didn't take his medicine, and was known to scare passengers.
The prosecution will argue Neely needed help, the system failed him, and the Marine veteran used excessive force.
The pre-trial hearing is set for 10 a.m.
The trial is scheduled to begin October 8.
If convicted, Penny faces up to 20 years in prison.
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