New York Military Law Part 9 - POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

• 130.59 - Error of Law; Lesser Included Offense.
  (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially...
• 130.60 - Action by the Convening Authority.
  (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (b) (1) Within...
• 130.61 - Waiver or Withdrawal of Appeal.
  (a) In each case subject to appellate review under section 130.65 or section 130.68 of this article the accused may file with the convening authority...
• 130.62 - Rehearings.
  Each rehearing under this chapter shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon...
• 130.63 - Review by a Judge Advocate.
  (a) Each case in which there has been a finding of guilt that is not reviewed under section 130.65 or 130.68 of this article shall...
• 130.64 - Disposition of Records.
  (a) In a case subject to appellate review under section 130.65 of this article in which the right to such review is not waived, or...
• 130.65 - Review by Board of Military Review and Approval by the Adjutant General.
  (a) The state judge advocate shall establish a board of military review which shall be composed of not less than three officers of the organized...
• 130.66 - Review by the Governor.
  (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which,...
• 130.67 - Review Counsel.
  (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge or of a sentence to...
• 130.68 - Review in the Office of the State Judge Advocate.
  (a) The record of trial in each general court-martial that is not otherwise reviewed under section 130.65 of this article shall be examined in the...
• 130.69 - Execution of Sentence; Suspension of Sentence.
  (a) If in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal...
• 130.70 - Vacation of Suspension.
  (a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or any court-martial sentence which includes...
• 130.71 - Petition for a New Trial.
  At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for...
• 130.72 - Remission and Suspension.
  (a) The adjutant general and, when designated by him, the deputy adjutant general, chief of staff, state judge advocate, or commanding officer may remit or...
• 130.72-a - Restoration.
  (a) Under such regulations as the adjutant general may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which...
• 130.72-b - Finality of Proceedings, Findings and Sentences.
  The appellate review of records of trial provided by this chapter, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required...
• 130.72-c - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions.
  Under regulations prescribed by the adjutant general, an accused who has been sentenced by a court-martial will be carried in a leave status and will...

Last modified: February 3, 2019