Prosecutors say Saipov was behind the wheel of a rental truck when he plowed into people along the West Side Highway.
Authorities say the Paterson, New Jersey, resident was inspired by the Islamic State group when he mowed people down in a rented truck. He has pleaded not guilty and remains held without bail.
The last time the death penalty was instituted in a federal case out of New York was for Julius and Ethel Rosenberg in 1953.
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