New York State Department of Corrections and Community Supervision
New York State correction officers have peace officer status under . This authorizes them:Prior to the 2008 repeal of the death penalty, the male death row was at the Clinton Correctional Facility and the female death row was at the Bedford Hills Correctional Facility. On October 23, 2007, the New York Court of Appeals ruled in the case "People v. John Taylor" that the last death sentence must be dismissed based on a previous ruling in the case "People v. LaValle".
Capital punishment in New Mexico
Both Allen and Fry have filed petitions for writ of habeas corpus asserting that the death sentences in their cases are unconstitutional, both generally, and as applied to them individually. The conundrum is that if the New Mexico Supreme Court (or, later, the U.S. Supreme Court) happens to agree with Allen and Fry, their sentences will automatically become "life sentences." That is, they will both be subject to serving a term of 30 years before becoming eligible for parole. This is because, at the time each of their crimes for which they were convicted and sentenced to death New Mexico law provided only two options for sentencing in a capital offense: Life with the possibility of parole after 30 years, or Death. In 2009, the New Mexico legislature prospectively eliminated the death penalty, replacing "death" with a "true life" sentence—meaning, life without the possibility of parole. But the "ex post facto" clause of the constitution (art. 1, sec. 10) prevents the application of the life-without-the-possibility-of-parole to cases where capital crimes were committed in New Mexico before July 1, 2009.