President Joe Biden is commuting the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the coronavirus pandemic and pardoning 39 Americans convicted of nonviolent crimes.
He can pardon him now. It's only the crime (or even alleged crime) that needs to have happened before the pardon. Consider Ford's pardon of Nixon, which occurred before Tricky Dick was indicted.
I mean, I don't think any US politician could do so without it being career suicide. I don't know Hochul's policies, but she probably didn't get the governorship by being an anticapitalist.