New York Capital Punishment Laws
|Code Section||Penal §60.06; 125.27; Crim. Pro. §400.27; Correction Law §650 et seq.|
|Is Capital Punishment Allowed?||After the 2004 New York Court of Appeals decision in People v. LaValle, which found that the capital punishment statute violated the state's constitution, New York has not practiced the death penalty.|
|Effect of Defendant's Incapacity||Suspend sentence if insane; if mentally retarded, life sentence without parole or term of imprisonment for class A-I felony of murder in the first degree; stay execution to extent necessary if pregnant|
|Minimum Age||18 at time of crime|
|Available for Crimes Other than Homicide?||None|
|Definition of Capital Homicide||Victim was public officer in official duty; victim was employee of state correctional institution in official duty; defendant was under sentence for a minimum of 15 year or had escaped from confinement or custody; committed an act of terrorism; convicted of 2 class A felonies or class B violent felonies committed on different occasions in 10 year period prior to murder; victim killed to prevent being a witness; for pecuniary gain; multiple victims; defendant acted in an especially cruel or wanton manner; victim killed in furtherance of an act of terrorism|
|Method of Execution||Lethal injection|
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