The Death Penalty in New York

How New York law treats death penalty, from the state code and official state agencies.

Short answer: New York's death penalty is still written into its laws but cannot currently be imposed. Penal Law 60.06 still lists death as a possible sentence for first-degree murder, under the jury sentencing procedure in Criminal Procedure Law 400.27. N.Y. Penal Law 60.06; N.Y. Crim. Proc. Law 400.27; People v. LaValle, 3 NY3d 88, 2004 NY Slip Op 05484 (Ct. App. June 24, 2004)

Death penalty	New York's death penalty is still written into its laws but cannot currently be imposed. Penal Law 60.06 still lists death as a possible sentence for first-degree murder, under the jury sentencing procedure in Criminal Procedure Law 400.27. In People v. LaValle (June 24, 2004), the Court of Appeals held that the jury deadlock instruction in CPL 400.27(10) is unconstitutional under article I, section 6 of the State Constitution and that this defect 'can only be cured by a new deadlock instruction from the Legislature'. The official text of CPL 400.27 (most recent revision 2020) still carries a note that subdivision 10 was declared unconstitutional, so the court-identified defect remains. First-degree murder is otherwise punished by life without parole or a class A-I prison term. Execution method was not read. No official source on whether anyone remains under a death sentence was read. Source: N.Y. Penal Law 60.06; N.Y. Crim. Proc. Law 400.27; People v. LaValle, 3 NY3d 88, 2004 NY Slip Op 05484 (Ct. App. June 24, 2004)

Death penalty

New York's death penalty is still written into its laws but cannot currently be imposed. Penal Law 60.06 still lists death as a possible sentence for first-degree murder, under the jury sentencing procedure in Criminal Procedure Law 400.27. In People v. LaValle (June 24, 2004), the Court of Appeals held that the jury deadlock instruction in CPL 400.27(10) is unconstitutional under article I, section 6 of the State Constitution and that this defect 'can only be cured by a new deadlock instruction from the Legislature'. The official text of CPL 400.27 (most recent revision 2020) still carries a note that subdivision 10 was declared unconstitutional, so the court-identified defect remains. First-degree murder is otherwise punished by life without parole or a class A-I prison term.

Execution method was not read. No official source on whether anyone remains under a death sentence was read.

Source: N.Y. Penal Law 60.06; N.Y. Crim. Proc. Law 400.27; People v. LaValle, 3 NY3d 88, 2004 NY Slip Op 05484 (Ct. App. June 24, 2004)

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FAQ

Does New York have the death penalty?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.