Capital punishment in New York
In June 2004, the state's highest court ruled in "People v. LaValle" that the state's death penalty statute violated the state constitution, and New York has had an effective moratorium on capital punishment since then. Subsequent legislative attempts at fixing or replacing the statute have failed, and in 2008 then-Governor David Paterson issued an executive order disestablishing New York's death row. Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the federal death penalty.
Marvin Gabrion
"United States v. Gabrion" is considered a landmark case for its use of the death penalty in a non-death penalty state. Capital punishment has been abolished in Michigan since 1846. Michigan was the first English-speaking jurisdiction to eliminate the death penalty. Federal jurisdiction allowed prosecutors to seek the death penalty in the case. Rachel's body was found on federal land in Manistee National Forest, allowing prosecutors to try Gabrion in federal court and seek the death penalty on federal charges, a sentence that is not provided for under Michigan law. Gabrion was the first person in the United States to receive the death penalty for a crime committed in a non-death penalty state since the federal death penalty was reinstated in 1988 as well as the first person to be sentenced to death in the state of Michigan since 1937.