New York (state)
Capital punishment was reintroduced in 1995 under the Pataki administration, but the statute was declared unconstitutional in 2004, when the New York Court of Appeals ruled in "People v. LaValle" that it violated the state constitution. The remaining death sentence was commuted by the court to life imprisonment in 2007, in "People v. John Taylor", and the death row was disestablished in 2008, under executive order from Governor Paterson. No execution has taken place in New York since 1963. 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.