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.
Marvin Gabrion
The case received national attention both for the brutality of the crime and for the controversial sentence. The crime was committed in Michigan, which does not have the death penalty, but prosecutors in federal court were able to seek a death sentence because the murder took place on federal land. Gabrion is the first person in the United States to receive the death penalty for a crime committed in a non-death penalty state since federal capital punishment was reinstated in 1988 as well as the first person to be sentenced to death in the state of Michigan since 1937.