While what Spitzer was highly embarrassing and disgraceful to the office he held, he did NOT commit a capital offense. So your alleged lack of a death penalty in NY State (not sure if there is a never-used death penalty on the books) is not relevant to him. FWIW, BTW, some of his flings with whores occurred in other jurisdictions.
Let him stay in the public eye and continue to make a fool of himself.
Te capital crime was conspiracy to take over the American economy. He was following orders from above and was not acting alone. His part was but a small piece in the successful scam
Barney Frank and Chris Dodd are the other major players deserving a death penalty.
Off with his head!
Letting him make a fool of himself is fine for the time being, but he belongs in prison.