No.  In 2004 the highest court in New York State, the New York State Court of Appeals, found that the death penalty statute was unconstitutional, not the death penalty itself.  However, thus far, the legislature has not passed a new death penalty law.  The last major attempt to do so was in 2008.

Be advised, the death penalty is still constitutional federally, and there are various federal charges you or a loved one could be charged with, in New York, where the death penalty is a legal, constitutional, possible sentence. See our information related to federal charges for more information.