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New York Capital Punishment Laws


More Information on Capital Punishment Laws

Code Section Penal §60.06; 125.27; Crim. Pro. §400.27; Correction Law §650 et seq.
Is Capital Punishment Allowed?Yes; for 1st degree murder
Effect of Defendant's IncapacitySuspend 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 Age18 at time of crime
Available for Crimes Other than Homicide?None
Definition of Capital HomicideVictim 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 ExecutionLethal injection

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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