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.
Glossip v. Gross
4) "Most places within the United States have abandoned its use": Beside being cruel, Breyer believed the death penalty is also unusual because it has become rare. Noting that 41 states had the death penalty before the Court blocked it in 1972, now there are 31, and only three, Texas, Missouri, and Florida, account for 80% of executions. After listing execution statistics, Breyer next considered polling data and an American Law Institute report. Breyer finally considered the death penalty as even more unusual by looking at a vote by the United Nations General Assembly, reports by the International Commission Against the Death Penalty and Amnesty International statistics.