reglab/housing_qa huggingface dataset:
NY Mil L § 130.54 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 7 - Trial Procedure 130.54 - Record of Trial.

§ 130.54. Record  of trial.  (a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated  by  the  signature  of  the  military judge.    If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall  be  authenticated by  the  signature  of  the  trial counsel or by that of a member if the trial counsel is unable to authenticate  it  by  reason  of  his  death, disability, or absence. In a court-martial consisting of only a military judge  the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a  member  under  this subdivision.  If  the  proceedings  have resulted in an acquittal of all charges and specifications or,  if  not  affecting  a  general  or  flag officer, in a sentence not including discharge and not in excess of that which  may  otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed  by  regulations  issued pursuant to this chapter.  (b)  Each  special  and  summary  court-martial  shall keep a separate record of the proceedings in each case, which record shall contain  such matter  and  be  authenticated  in  such  manner  as  may be required by regulations issued pursuant to this chapter.  (c) A copy of the record  of  the  proceedings  of  each  general  and special  court-martial  shall  be  given  to  the  accused  as  soon  as authenticated.
NY Mil L § 130.55 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 8 - Sentences 130.55 - Cruel and Unusual Punishments Prohibited.

§ 130.55. Cruel  and  unusual  punishments  prohibited.  Punishment by   flogging, or by branding, marking or tattooing on the body, or any other   cruel or unusual punishment, shall not be adjudged by any  court-martial   or  inflicted  upon  any  person subject to this code. The use of irons,   single or double, except for the purpose of safe custody, is prohibited.
NY Mil L § 130.56 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 8 - Sentences 130.56 - Maximum Limits.

§ 130.56. Maximum  limits.    The punishment which a court-martial may   direct for an offense shall not exceed the  limits  prescribed  by  this   code.
NY Mil L § 130.57 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 8 - Sentences 130.57 - Effective Date of Sentences.

§ 130.57. Effective  date  of sentences.  (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or  deferred, the  forfeiture  may apply to pay or allowances becoming due on or after the date such sentence is approved by the convening authority and to any pay or allowances accrued before such date.  (b)  Any  period  of  confinement  included  in  a   sentence   of   a court-martial  shall begin to run from the date the sentence is adjudged by  the  court-martial,  but  periods  during  which  the  sentence   to confinement  is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations adopted pursuant to this chapter may provide that sentences of confinement shall not be  executed until   approved   by  such  officers  as  may  be  designated  in  such regulations.  (c) All other sentences of court-martial shall become effective on the date ordered executed.  (d) On application by an accused who is under sentence to  confinement that  has  not been ordered executed, the convening authority or, if the accused is no longer under  his  jurisdiction,  the  officer  exercising similar  court-martial convening authority over the command to which the accused is currently assigned, may in his sole discretion defer  service of  a  sentence to confinement.   The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under  his jurisdiction,   by   the   officer   exercising   similar  court-martial jurisdiction  over  the  command  to  which  the  accused  is  currently assigned.
NY Mil L § 130.58 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 8 - Sentences 130.58 - Execution of Confinement.

§ 130.58. Execution of confinement.  (a) Any sentence or punishment of confinement  adjudged  by a military court, whether or not such sentence or punishment includes discharge or dismissal, and whether or  not  such discharge  or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of  any  of the  forces  of  the  organized militia, or in any jail, penitentiary or prison designated for that purpose as prescribed in  section  130.11  of this  code;  and  persons  so  confined  in such a jail, penitentiary or prison shall be subject to the same discipline and treatment as  persons confined or committed to such jail, penitentiary or prison by the courts of the state or of any political subdivision thereof.  (b)  The  omission  of  the  words  "hard  labor"  in  any sentence or punishment  of  a  court-martial  adjudging  confinement  shall  not  be construed   as  depriving  the  authority  executing  such  sentence  or punishment of the  power  to  require  hard  labor  as  a  part  of  the punishment.  (c)  The keepers, officers and wardens of all city or county jails and of all other jails, penitentiaries or prisons designated by the governor or by the adjutant general pursuant to section 130.11  of  this  chapter shall  receive  the  bodies of persons ordered into confinement prior to trial and of persons committed to confinement by the process or  mandate of a military court and shall confine them according to law, and no such keeper,  officer or warden shall demand or require payment of any fee or charge of any nature for receiving or confining a person in  such  jail, penitentiary or prison.
NY Mil L § 130.59 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.59 - Error of Law; Lesser Included Offense.

§ 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 prejudices  the  substantial rights of the accused.  (b)  Any  reviewing  authority  with  the power to approve or affirm a finding of guilty may  approve  or  affirm,  instead,  so  much  of  the findings as includes a lesser included offense.
NY Mil L § 130.61 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.61 - Waiver or Withdrawal of Appeal.

§ 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 a statement  expressly waiving  the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense  counsel  and  must  be  filed within ten days after the action under subdivision (c) of section 130.60 of  this  article  is  served  on the accused or on defense counsel. The convening authority or other person taking such action, for good  cause, may extend the period for such filing by not more than thirty days.  (b) The accused may withdraw an appeal at any time.  (c)  A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 130.65 or 130.68  of this article.
NY Mil L § 130.62 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.62 - Rehearings.

§ 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 a rehearing the accused   may not be tried for any offense of which he was found not guilty by the   first court-martial, and no sentence in excess of or  more  severe  than   the  original sentence may be imposed, unless the sentence is based upon   a finding of guilty of an offense not considered upon the merits in  the   original   proceedings.   If  the  sentence  approved  after  the  first   court-martial was in  accordance  with  a  pretrial  agreement  and  the   accused at the rehearing changes his plea with respect to the charges or   specifications upon which the pretrial agreement was based, or otherwise   does  not  comply  with the pretrial agreement, the sentence as to those   charges or specifications may include any punishment not  in  excess  of   that lawfully adjudged at the first court-martial.
NY Mil L § 130.63 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.63 - Review by a Judge Advocate.

§ 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 be  reviewed  by  a  judge  advocate  under regulations  of  the adjutant general. A judge advocate may not review a case under this subdivision if he has acted  in  the  same  case  as  an accuser,  investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or  defense. The  judge  advocate's  review shall be in writing and shall contain the following:  (1) Conclusions as to whether:  (A) the court had jurisdiction over the accused and the offense;  (B) the charge and specification stated an offense; and  (C) the sentence was within the limits prescribed as a matter of law.  (2) A response to each allegation of error  made  in  writing  by  the accused.  (3)  If  the  case  is  sent  for action under subdivision (b) of this section, a recommendation as to the appropriate action to be  taken  and an  opinion  as  to whether corrective action is required as a matter of law.  (b) The record of trial and related documents in  each  case  reviewed under  subdivision  (a)  of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was  convened  (or  to  that  person's  successor  in command) if:  (1)  the  judge  advocate  who reviewed the case recommends corrective action;  (2) the sentence approved under subdivision (c) of section  130.60  of this  article  extends  to  dismissal,  a  bad-conduct  or  dishonorable discharge or any confinement; or  (3) such action is otherwise required by regulations of  the  adjutant general.  (c)  (1)  The person to whom the record of trial and related documents are sent under subdivision (b) of this section may:  (A) disapprove or approve the findings or sentence,  in  whole  or  in part;  (B) remit, commute, or suspend the sentence in whole or in part;  (C) except where the evidence was insufficient at the trial to support the  findings, order a rehearing on the findings, on the sentence, or on both; or  (D) dismiss the charges.  (2) If a rehearing is ordered but  the  convening  authority  finds  a rehearing impracticable, he shall dismiss the charges.  (3)  If  the  opinion of the judge advocate's review under subdivision (a) of this section is that corrective action is required as a matter of law and if the person required to take action under subdivision  (b)  of this  section  does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record  of  trial and  action thereon shall be sent to the state judge advocate for review under section 130.68 of this article.
NY Mil L § 130.64 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.64 - Disposition of Records.

§ 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 an appeal is not withdrawn under section 130.61 of  this  article,  the  record  of  trial  and  action thereon shall be transmitted to the state judge advocate for appropriate action.  (b) Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as  the adjutant general may prescribe by regulation.
NY Mil L § 130.65 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.65 - Review by Board of Military Review and Approval by the Adjutant General.

§ 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 militia or on the state reserve list or  state retired list, each of whom shall be a member of the bar of the state.  (b) The state judge advocate shall refer to a board of military review the record in each case of trial by court-martial:  (1)  in  which  the  sentence, as approved, extends to, dismissal of a commissioned officer, dishonorable  or  bad-conduct  discharge,  or  any confinement; and  (2) the right to appellate review has not been waived or an appeal has not been withdrawn under section 130.61 of this article.  (c)  In  a  case  referred to it, the board of military review may act only with respect to the  findings  and  sentence  as  approved  by  the convening  authority. It may affirm only such findings of guilty and the sentence or such part or amount of the sentence, as it finds correct  in law  and  fact and determines, on the basis of the entire record, should be approved.   In considering the record, it  may  weigh  the  evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.  (d)  If  the  board  of  military  review  sets aside the findings and sentence, it may, except where the setting aside is  based  on  lack  of sufficient  evidence  in  the  record  to  support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.  (e) The action taken by the board of review shall be  subject  to  the approval  of  the  adjutant general. If the adjutant general disapproves the action taken by the board of review, he may take any action  on  the sentence  or  findings  that  could  be taken by the convening authority under section 130.60 of this article.  (f) The state judge advocate shall, unless  there  is  to  be  further action  by the governor, instruct the convening authority to take action in accordance with the decision of  the  board  of  military  review  as approved  by  the  adjutant general. If the board of military review has ordered a rehearing  but  the  convening  authority  finds  a  rehearing impracticable, he may dismiss the charges.  (g)  No  member  of  a  board  of military review shall be eligible to review the record of any trial if such member  served  as  investigating officer  in  the  case or served as a member of the court-martial before which such trial was conducted, or served as military  judge,  trial  or defense counsel, or reviewing officer of such trial.
NY Mil L § 130.66 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.66 - Review by the Governor.

§ 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, upon petition of the accused and on good cause shown, the governor grants such review.  (b) The accused may petition the governor for a review of  a  decision of the board of military review within sixty days from the earlier of:  (1)  the  date on which the accused is notified of the decision of the board of military review and the approval of the adjutant general; or  (2) the date on which a copy of the decision of the board of  military review  and  the approval of the adjutant general, after being served on counsel of record for the accused (if any), is deposited in  the  United States  mail for delivery by first class, certified mail to the accused, at an address provided by the accused or, if no such  address  has  been provided by the accused, at the latest address listed for the accused in his official service record.  (c)  In  any  case  reviewed  by  him,  the governor may act only with respect to the findings and  sentences  as  approved  by  the  convening authority  and as affirmed or set aside as incorrect in law by the board of military review. He may affirm only such findings of  guilty  in  the sentence  or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire  record,  should be approved. In considering the record, he may weigh the evidence, judge the  credibility  of  witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the  witnesses.  If the  governor sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the  record to  support  the  findings,  order  a  rehearing.  If  he sets aside the findings and sentence, and does not order a rehearing,  he  shall  order that  the charges be dismissed. If the governor has ordered a rehearing, but the convening authority finds  a  rehearing  impracticable,  he  may dismiss the charges.
NY Mil L § 130.67 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.67 - Review Counsel.

§ 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 any confinement the accused shall have the right to be represented by counsel before the reviewing authority, the  staff  judge advocate  or  legal  officer,  as  the case may be, and before the state judge advocate.  (b) Upon the request of an accused entitled to be so represented,  the state  judge  advocate  shall  appoint  a  lawyer who is a member of the organized militia or on the state reserve  list  or  the  state  retired list,  if  available,  to  represent  the  accused  before the reviewing authority, the staff judge advocate, or legal officer, as the  case  may be,  and  before  the  state  judge  advocate,  in  the  review of cases specified in subdivision (a) of this section.  (c) An accused entitled to be so represented may be represented before the reviewing authority, the staff judge advocate or legal  officer,  as the  case  may  be,  and  before  the  state judge advocate, by civilian counsel if provided by him.
NY Mil L § 130.68 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.68 - Review in the Office of the State Judge Advocate.

§ 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 office of the state judge advocate if there is a finding of  guilty  and the  accused  does  not  waive or withdraw his right to appellate review under section 130.61 of this article. If any part  of  the  findings  or sentence  is  found  to  be unsupported in law or if reassessment of the sentence is appropriate, the state judge  advocate  may  modify  or  set aside  the  findings or sentence or both. If the state judge advocate so directs, the record shall be reviewed by  a  board  of  military  review under section 130.65 of this article.  (b)  The  findings  or  sentence, or both, in a court-martial case not reviewed under subdivision (a) of this section or under  section  130.65 of  this  article  may be modified or set aside, in whole or in part, by the state judge advocate on the ground  of  newly  discovered  evidence, fraud  on  the  court,  lack  of  jurisdiction  over  the accused or the offense, error prejudicial to the substantial rights of the accused,  or the  appropriateness  of the sentence. If such a case is considered upon application of the  accused,  the  application  must  be  filed  in  the division of military and naval affairs legal office by the accused on or before  the  last  day  of the two-year period beginning on the date the sentence is approved under subdivision (c) of  section  130.60  of  this article,  unless  the accused established good cause for failure to file within that time.
NY Mil L § 130.69 (2021)
2021 New York Laws MIL - Military Article 7 - Code of Military Justice Part 9 - Post-Trial Procedure and Review of Courts-Martial 130.69 - Execution of Sentence; Suspension of Sentence.

§ 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 may not be executed until approved by the adjutant general.  In  such  a case,  the adjutant general may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit.  (b) (1) If a sentence extends  to  dismissal,  or  a  dishonorable  or bad-conduct discharge or any confinement and if the right of the accused to  appellate review is not waived, and an appeal is not withdrawn under section 130.61 of this article, that part of the sentence  extending  to dismissal, or a dishonorable or bad-conduct discharge or any confinement may  not  be executed until there is a final judgment as to the legality of the proceedings  (and  with  respect  to  dismissal,  approval  under subdivision  (a)  of  this  section).   A judgment as to legality of the proceedings is final in such cases when review is completed by the board of military review with the approval of the adjutant general and:  (A) the time for the accused to file a  petition  for  review  by  the governor has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by the governor;  (B) such a petition is rejected by the governor; or  (C)  review  is  completed  in  accordance  with  the  judgment of the governor.  (2)  If  a  sentence  extends  to  dismissal  or  a  dishonorable   or bad-conduct discharge or any confinement and if the right of the accused to  appellate review is waived, or an appeal is withdrawn, under section 130.61 of this article, that part of the sentence extending to dismissal or a bad-conduct or dishonorable discharge or  confinement  may  not  be executed until review of the case by a judge advocate (and any action on that  review)  under  section  130.63  of this article is completed. Any other part of a court-martial sentence may be ordered  executed  by  the convening  authority  or  other  person acting on the case under section 130.60 of this article when approved by him under such section.  (c) The convening authority or other person acting on the  case  under section  130.64 of this article may suspend the execution of sentence or part thereof.