New York (state)
Capital punishment was reintroduced in 1995 under the Pataki administration, but the statute was declared unconstitutional in 2004, when the New York Court of Appeals ruled in "People v. LaValle" that it violated the state constitution. The remaining death sentence was commuted by the court to life imprisonment in 2007, in "People v. John Taylor", and the death row was disestablished in 2008, under executive order from Governor Paterson. No execution has taken place in New York since 1963. 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.
Felony murder and the death penalty in the United States
"The jury... is a significant and reliable objective index of contemporary values because it is so directly involved" in the criminal justice system. In "Enmund" the Court recited that of 362 appellate decisions since 1954, only 6 involved a death sentence for a nontriggerman convicted of felony murder, and all 6 executions took place in 1955. This was comparatively rarer than death sentences for rape, of which there had been 72 between 1955 and 1977. Also, as of October 1, 1981, there were 796 people on death row in the United States, of whom only 3 had been sentenced to death absent a finding that the defendant had actually killed someone or intended that a killing take place. In "Tison", however, the fact that since "Enmund", state appellate courts continued to review and approve death sentences for defendants convicted of felony murder who were major participants in the underlying felony and had exhibited extreme indifference to human life persuaded the Court that juries still considered the death penalty an appropriate punishment for at least some defendants convicted of felony murder.