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Why doesn’t New York have a death penalty?

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ROCHESTER, NY (WHEC) — The death penalty in New York has experienced significant changes over the decades, Initially struck down in the 1960s and 1970s, it was reinstated in the 1990s before being overturned again by the courts in 2004.

News10NBC’s Chief Investigative Reporter Berkeley Brean spoke with Robert Babcock, a criminal defense lawyer and partner at Tully Rinckey, about the state’s stance on the death penalty.

“New York State has always been very concerned about, number one, executing an innocent person. But number two, that the laws are executed uniformly and fairly across the board,” Babcock explained.

When asked if the death penalty might return to New York, Babcock expressed skepticism.

“I don’t see it coming back to New York in the capacity or context that it once existed,” he said.

However, he noted that New York authorities are collaborating with federal counterparts.

A recent example highlighting this collaboration is the trial of Peyton Gendron, the accused Buffalo Tops shooter. This mass killing in New York became a federal case because Gendron allegedly crossed state lines to purchase ammunition. Last year, the Justice Department announced it is seeking the death penalty in this case.

The last execution in New York took place in 1963.

In the case of Sam Nordquist’s death, the transgender man whose body was found in Yates County, the seven people charged with first-degree murder in connection to his death would qualify for the death penalty if New York State had one.

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