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.
Wendy's massacre
The Queens prosecutor's office fought unsuccessfully to have Taylor's case declared an exception to a 2004 Appeals Court's decision that found New York's death penalty law unconstitutional because of a flaw in its mandated instructions to the jury. On November 29, 2007 Taylor was re-sentenced to life without parole for the five murders. As of 2007, he had been the only inmate on Death Row in New York.