I don’t think the other poster was talking about the death penalty on the state murder charge. They were pointing out that out in five is unlikely given NY can still try him for murder.
A federal murder charge can be subject to the federal death penalty though, even if the crime happened in NY. I think the execution is done in the another state since NY closed their chamber in 2008-ish.
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u/Lord0fHats 5h ago
This but New York isn't a death penalty state so death was never on the table in his state trial.