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.
Joel Steinberg
In New York State at that time, first-degree murder applied only to those who killed police officers or had committed murder while already serving a sentence for a previous murder. The jury was unable to convict Steinberg on the more serious charge of second-degree murder, but it did convict him of the lesser charge of first-degree manslaughter. Judge Harold Rothwax then sentenced him to the maximum penalty then available for that charge — 8 to 25 years in state prison.
On two occasions, Steinberg was denied discretionary parole, mainly because he never expressed remorse for the killing. However, on June 30, 2004, he was paroled under the state's "good time" law, which mandates release of inmates who exhibit good behavior while incarcerated after having served two-thirds or more of the maximum possible sentence. New York State has since increased this ratio to six-sevenths of the maximum term for persons convicted of violent felonies. Steinberg had spent most of his imprisonment at New York State's supermax prison, the Southport Correctional Facility, presumably to prevent him from being attacked by other inmates.