SUBJECT:

PURPOSE:

New York's most recent death penalty statute was enacted by the Legislature on March 7th, 1995 and became effective on September 1st of that year. The statute, as amended, provided for the imposition of the death penalty, life imprisonment without parole or life imprisonment with the possibility of parole for thirteen specific categories of intentional murder, created judicial procedures for imposing and reviewing death sentences, established a system of public defense for indigent death penalty defendants and implemented correctional system procedures for housing death row inmates and imposing death sentences.

On June 24th, 2004, the New York Court of Appeals in People v. LaValle invalidated the "deadlock instruction" provision of New York's death penalty law, holding that the instruction created a "substantial risk of coercing jurors into sentencing a defendant to death" in violation of the Due Process clause of the New York State Constitution. The Court also held that the absence of any deadlock instruction would be constitutionally impermissible and that the Court was not judicially empowered to create a new deadlock instruction. The Court thus found that "under the present statute, the death penalty may not be imposed" under New York law, but that first degree murder prosecutions could continue to go forward as non-capital cases under the current statute. As noted above, New York's current first degree murder law authorizes a sentence of life imprisonment without parole to be imposed in any case.

The jury deadlock instruction was first proposed by Governor Pataki in program legislation which was passed by the Senate prior to the final legislative agreement on the death penalty. (See S-2649 of 1995). The Governor's deadlock instruction proposal was later included in the final death penalty law enacted by the Legislature on March 7th, 1995.

New York's death penalty law was in effect for slightly less than nine years before it was struck down this past June. In that time, it is estimated that the state and local governments have spent approximately $170 million administering the statute. Not a single person has been executed in New York since the law's enactment. Seven persons have been sentenced to death. Of these:

• the first four sentences to reach the Court of Appeals were struck down on various grounds;

• an additional sentence was converted to a sentence of life imprisonment without parole after the LaValle decision; and

• two death sentences are awaiting review.

New York's death penalty statute has remained highly controversial since its enactment and continues to be roundly criticized. The question of whether the statute should now be revived and, if so, in what form, has also been the subject of intense interest and debate since the Court of Appeals decision in LaValle.

These hearings are intended to provide a public forum to review what New York's experience with the death penalty over the past nine years has been and what that experience has taught us. It is intended to solicit views on how the experience of other states, the federal government and other nations can help inform New York's actions on this issue. Finally, the hearings are intended to foster a public dialogue on the ultimate question of whether New York's death penalty law should be reinstated and, if so, what form any new law should take.

PUBLIC HEARING REPLY FORM

Seth H. Agata, Counsel
Assembly Committee on Codes
Room 508 - The Capitol
Albany, New York 12248
Email: agatas@assembly.state.ny.us
Phone: (518) 455-4313
Fax: (518) 455-4682

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