George Pataki
Polls showed that the majority of New Yorkers wanted the state's death penalty laws restored. A bill to restore the death penalty passed the Legislature several years in a row, only to be vetoed by Mario Cuomo. Pataki made the issue a top priority of his and when the bill reached his desk he signed it into law in 1995. The state's Court of Appeals later ruled the death penalty unconstitutional in the form in which it was written (in the case of People v. LaValle), and the State Legislature has not passed a bill to restore it in a new form. During Pataki's 12 years as governor, not a single person was executed in New York State.
Felony murder and the death penalty in the United States
The Supreme Court of the United States has held that the Eighth Amendment to the United States Constitution does not prohibit imposing the death penalty for felony murder. The Supreme Court has created a two-part test to determine when the death penalty is an appropriate punishment for felony murder. Under "Enmund v. Florida", the death penalty may not be imposed on someone who did not kill, attempt to kill, or intend that a killing take place. However, under "Tison v. Arizona", the death penalty "may" be imposed on someone who was a major participant in the underlying felony and acted with reckless indifference to human life.