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.
Capital punishment by the United States federal government
The use of the federal death penalty increased in the 2000s, with the number of those sentenced to death federally climbing from 18 to 50 by 2007. Most such sentences were given in states which have active death state penalty statutes, with the largest number of federal death sentences handed down in Texas. However U.S. attorneys increasingly began pursuing death sentences in states with no state death penalties and/or with inactive state death penalties. In federal trials, courts may exclude jurors who are opposed to the death penalty, even in trials taking place in non-death penalty states. In 2004 Brigham stated that due to an increase of federal death penalty verdicts in the preceding decade, "some fear a "federalization" of the death penalty is taking place".