Daniel Penny's attorney, Thomas Kenniff, said it was past time to address New York City's crime problem on its subways after Gov. Kathy Hochul deployed the National Guard to NYC subways this week.

"It's about time," Kenniff said on "Fox & Friends" Friday. "I just wish it didn't take this long for there to be a realization, a recognition among our elected leaders that there's a crisis that's going on in the subways of New York City."

Kenniff's client, U.S. Marine veteran Daniel Penny, is facing charges in the chokehold death of a homeless, mentally ill man, Jordan Neely, who was yelling violent threats at riders on a New York City subway last year. Penny said he did not intend to kill Neely but was trying to protect women and children who were "terrified" of Neely.

"I don't know if ‘too little too late’ is the right expression but, 'better late than never,' perhaps," he continued.