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
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).