Capital punishment in New York
In 2005, supporters of the death penalty in the New York Legislature passed a bill restoring New York's death penalty in the Republican-controlled State Senate, but the legislation was voted down by a legislative committee in the Democratic-controlled New York Assembly, and was not enacted into law.
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).