The RAT DAs in some of the NYC boroughs refuse to follow the law and impose the death penalty, but Republican DAs in the suburbs and upstate will use it if they can.
Pirro has gone on record stating that she would use it and I think may have been the first one in NY to do so when they reinstated the death penalty a few years ago.
2. Even when we had the death penalty, NY state didn't execute anyone for even the most heinous crimes.