New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.
John M. Shields,
Constitutional Challenges to New York State's Death Penalty Statute,
25 Fordham Urb. L.J. 255
Available at: http://ir.lawnet.fordham.edu/ulj/vol25/iss2/3