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
Brennan also faulted the Court for ignoring the states that had abolished the death penalty altogether when counting the states that authorized the death penalty for felony murder. "It is critical to examine not simply those jurisdictions that authorize the death penalty in a given circumstance, but those that actually "impose" it." None of the 65 executions that had taken place after "Enmund" were carried out on a felony murderer who had not killed or intended to kill (as determined by a jury).