reglab/statecodes huggingface dataset:
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.23 - Who May Convene Special Courts-Martial.

§ 130.23. Who   may  convene  special  courts-martial.
(a)  Special
courts-martial may be convened by--
(1) any person who may convene a general court-martial;
(2) the commanding officer of a force of the organized militia, or  of
a  garrison,  fort, camp, station, air base or other place where members
of a force of the organized militia are on duty;
(3) the  commanding  officer  of  a  division,  brigade,  detached  or
separate  battalion,  or  corresponding unit of the army national guard,
the New York guard or of any other land force of the organized militia;
(4) the commanding officer of a  wing,  group,  detached  or  separate
squadron or corresponding unit of the air national guard;
(5)  the  commanding  officer  of any naval vessel, and the commanding
officer of any area, brigade, battalion, division, marine  battalion  or
separate marine company of the naval militia;
(6)  the  commanding  officer  of  any separate or detached command or
group of detached units of any of the forces of  the  organized  militia
placed under a single commander; or
(7)  the  commanding officer or officer in charge of any other command
when empowered by the adjutant general.
(b) When any such officer is an accuser, the court shall  be  convened
by superior competent authority, and may in any case be convened by such
authority when deemed advisable by him.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.24 - Who May Convene Summary Courts-Martial.

§ 130.24. Who   may  convene  summary  courts-martial.
(a)  Summary
courts-martial may be convened by--
(1) any person who may convene a general or special court-martial;
(2) the commanding officer  of  a  detached  or  separate  company  or
corresponding  unit  or  other  detachment  of  a force of the organized
militia;
(3) the commanding officer or officer in charge of any  other  command
when empowered by the adjutant general.
(b)  When  but  one officer is present with a command or detachment he
shall be the summary court-martial of that  command  or  detachment  and
shall  hear and determine all summary court-martial cases brought before
him.  Summary courts-martial may, however, be convened in  any  case  by
superior competent authority when deemed desirable by him.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.26 - Military Judge of a General Court-Martial or Special Court-Martial.

§ 130.26.   Military  judge  of  a  general  court-martial  or special
court-martial.   (a) The authority  convening  a  general  court-martial
shall,  and,  subject  to  such regulations as may be issued pursuant to
this chapter, the  authority  convening  a  special  court-martial  may,
detail  a  military  judge  thereto. A military judge shall preside over
each open session of the court-martial to which he has been detailed.
(b) A military judge shall be a commissioned officer of a force of the
organized militia or a person on the state reserve list or state retired
list who is a member of the bar of this state and who is certified to be
qualified for duty as a military judge by the state judge advocate.
(c) The military judge of a general court-martial shall be  designated
by  the  state  judge  advocate,  or  his  designee,  for  detail by the
convening authority. A commissioned  officer  who  is  certified  to  be
qualified for duty as a military judge when performing such duties shall
be assigned and directly responsible to the state judge advocate, or his
designee.
(d)  No  person is eligible to act as a military judge in a case if he
is the accuser or  a  witness  for  the  prosecution  or  has  acted  as
investigating officer or counsel in the same case.
(e)  The  military  judge  of a court-martial may not consult with the
members of the court except  in  the  presence  of  the  accused,  trial
counsel,  and  the  defense counsel, nor may he vote with the members of
the court.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.27 - Appointment of Trial Counsel and Defense Counsel.

§ 130.27. Appointment  of  trial counsel and defense counsel.  (a) For
each general and special court-martial the authority convening the court
shall appoint a trial counsel and a defense counsel, together with  such
assistants as he deems necessary or appropriate. No person who has acted
as  investigating  officer,  military judge, or court member in any case
shall act subsequently as trial counsel, assistant  trial  counsel,  or,
unless  expressly  requested  by  the  accused,  as  defense  counsel or
assistant defense counsel in the same case. No person who has acted  for
the prosecution shall act subsequently in the same case for the defense,
nor  shall  any person who has acted for the defense act subsequently in
the same case for the prosecution.
(b) Any person who is appointed as trial counsel or defense counsel in
the case of a general court-martial shall be a person who is a member of
the bar of this state.
(c) In the case of a special court-martial--
(1) if the trial counsel is qualified  to  act  as  counsel  before  a
general  court-martial,  the  defense counsel appointed by the convening
authority shall be a person similarly qualified; and
(2) if the trial counsel is a judge advocate, or a legal officer, or a
member of the bar of a federal court or of the highest court of a  state
of  the  United  States,  the defense counsel appointed by the convening
authority shall be one of the foregoing.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.28 - Appointment of Reporters and Interpreters.

§ 130.28. Appointment  of  reporters  and  interpreters.    Under such
  regulations  as  the  adjutant  general  may  prescribe,  the  convening
  authority  of  a military court shall appoint qualified court reporters,
  who shall record the proceedings of  and  testimony  taken  before  such
  court.    Under  like  regulations the convening authority of a military
  court may appoint an interpreter who shall interpret for the court.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 5 - Appointment and Composition of Courts-Martial › 130.29 - Absent and Additional Members.

§ 130.29. Absent  and  additional members.  (a) No member of a general
or special court-martial shall be absent or excused after court has been
assembled for the trial of the accused except for physical disability or
as a result of a challenge or by order of the  convening  authority  for
good cause.
(b)   Whenever   a   general   court-martial   other  than  a  general
court-martial composed of a military judge only is  reduced  below  five
members,  the  trial  shall  not  proceed unless the convening authority
appoints new members sufficient in number to provide not less than  five
members.  The  trial  may proceed with the new members present after the
recorded evidence previously introduced before the members of the  court
has  been  read  to the court in the presence of the military judge, the
accused, and counsel for both sides.
(c)  Whenever  a  special  court-martial,   other   than   a   special
court-martial  composed of a military judge only, is reduced below three
members, the trial shall not  proceed  unless  the  convening  authority
appoints new members sufficient in number to provide not less than three
members.  The  trial shall proceed with the new members present as if no
evidence had previously been introduced at the trial, unless a  verbatim
record of the evidence previously introduced by the members of the court
or  a  stipulation  thereof  is read to the court in the presence of the
military judge, if any, the accused, and counsel for both sides.
(d) If the military judge of a court-martial composed  of  a  military
judge  only  is  unable  to  proceed  with the trial because of physical
disability, as a result of a challenge, or for  other  good  cause,  the
trial  shall  proceed,  subject  to any applicable conditions of section
130.16 of this chapter, after the detail of a new military judge  as  if
no  evidence had previously been introduced, unless a verbatim record of
the evidence previously introduced or a stipulation thereof is  read  in
court  in  the  presence  of  the  new  military judge, the accused, and
counsel for both sides.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.30 - Charges and Specifications.

§ 130.30. Charges  and  specifications. (a) Charges and specifications
shall be signed by a person subject to this code  under  oath  before  a
person authorized by this chapter to administer oaths and shall state--
(1)  that  the  signer has personal knowledge of, or has investigated,
the matter set forth therein; and
(2) that the same are true in fact to the best of  his  knowledge  and
belief.
(b)  Upon  the  preferring of charges, the proper authority shall take
immediate steps to determine what disposition should be made thereof  in
the  interest of justice and discipline, and the person accused shall be
informed of the charges against him as soon as practicable.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.31 - Compulsory Self-Incrimination Prohibited.

§ 130.31. Compulsory  self-incrimination  prohibited.
(a) No person
subject to this code shall compel any person to incriminate  himself  or
to answer any question the answer to which may tend to incriminate him.
(b)  No  person subject to this code shall interrogate, or request any
statement from, an accused or a person suspected of an  offense  without
first  informing  him  of  the nature of the accusation and advising him
that he does not have to make any statement  regarding  the  offense  of
which  he is accused or suspected and that any statement made by him may
be used as evidence against him in a trial by court-martial.
(c) No person subject to this code shall compel any person to  make  a
statement  or  produce  evidence  before  any  military  tribunal if the
statement or evidence is not material to  the  issue  and  may  tend  to
degrade him.
(d)  No  statement  obtained  from  any  person  in  violation of this
section, or through the use of coercion, unlawful influence, or unlawful
inducement shall be received in evidence  against  him  in  a  trial  by
court-martial.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.32 - Investigation.

§ 130.32. Investigation.
(a)  No  charge  or specification shall be
referred to a general court-martial  for  trial  until  a  thorough  and
impartial  investigation  of  all the matters set forth therein has been
made. This investigation shall include inquiries as to the truth of  the
matter  set  forth  in the charges, form of charges, and the disposition
which should be made  of  the  case  in  the  interest  of  justice  and
discipline.
(b) The accused shall be advised of the charges against him and of his
right  to  be represented at such investigation by counsel. Upon his own
request he shall be represented by civilian counsel if provided  by  him
at  his  own  expense,  or military counsel of his own selection if such
counsel be reasonably available, or by counsel appointed by the adjutant
general. At such investigation full opportunity shall be  given  to  the
accused to cross-examine witnesses against him if they are available and
to  present  anything he may desire in his own behalf, either in defense
or mitigation, and the investigating  officer  shall  examine  available
witnesses  requested  by the accused. If the charges are forwarded after
such investigation, they shall be accompanied  by  a  statement  of  the
substance  of the testimony taken on both sides and a copy thereof shall
be given to the accused.
(c) If an investigation of the subject matter of an offense  has  been
conducted prior to the time the accused is charged with the offense, and
if  the  accused  was  present  at  such  investigation and afforded the
opportunities for representation,  cross-examination,  and  presentation
prescribed  in subdivision (b) of this section, no further investigation
of that charge is necessary under this section unless it is demanded  by
the  accused  after  he  is informed of the charge. A demand for further
investigation entitled the  accused  to  recall  witnesses  for  further
cross-examination and to offer any new evidence in his own behalf.
(d)  The  requirements of this section shall be binding on all persons
administering this code, but failure to follow them in  any  case  shall
not divest a military court of jurisdiction.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.33 - Forwarding of Charges.

§ 130.33. Forwarding  of charges.   When a person is held for trial by
  general court-martial, the commanding officer shall, within  eight  days
  after the accused is ordered into arrest or confinement, if practicable,
  forward  through  channels  the charges, together with the investigation
  and allied papers, to the general court-martial convening authority.  If
  the  same  is not practicable, he shall report in writing to the general
  court-martial convening authority the reasons for delay.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.34 - Advice of Staff Judge Advocate and Reference for Trial.

§ 130.34. Advice of staff judge advocate and reference for trial.  (a)
Before  directing  the trial of any charge by general court-martial, the
convening authority shall refer it  to  the  state  judge  advocate  for
consideration  and  advice.  The  convening  authority shall not refer a
charge to a general court-martial for trial unless he has found that the
charge alleges an offense under this code and is warranted  by  evidence
indicated in the report of investigation.
(b)  If  the  charges or specifications are not formally correct or do
not conform to the substance of the evidence contained in the report  of
the  investigating  officer,  formal corrections and such changes in the
charges and specifications as are needed to make  them  conform  to  the
evidence may be made.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 6 - Pre-Trial Procedure › 130.35 - Service of Charges.

§ 130.35. Service of charges.  The trial counsel to whom court-martial
  charges are referred for trial shall cause to be served upon the accused
  a  copy  of the charges upon which trial is to be had.  In time of peace
  no person shall, against his objection,  be  brought  to  trial,  or  be
  required to participate by himself or counsel in a session called by the
  military  judge under subdivision (a) of section 130.39 of this chapter,
  in a general court-martial case within a period of five days  after  the
  service  of  charges  upon  him  or  in a special court-martial within a
  period of three days subsequent to the service of the charges upon him.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.36 - Adjutant General May Prescribe Rules.

§ 130.36. Adjutant  general  may  prescribe  rules.    The  procedure,
  including modes of proof, in cases  before  military  courts  and  other
  military  tribunals  may  be  prescribed  by  the  adjutant  general  by
  regulations issued pursuant to this chapter which shall, so  far  as  he
  deems   practicable,  apply  the  forms  and  modes  of  procedure,  the
  principles of law and the rules of evidence generally recognized in  the
  trial  of  cases  in  the courts-martial of the United States, but which
  shall not be contrary to or inconsistent with this chapter.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.37 - Unlawfully Influencing Action of Court.

§ 130.37. Unlawfully  influencing  action of court.   (a) No authority
convening a general, special, or summary court-martial,  nor  any  other
commanding  officer, shall censure, reprimand, or admonish such court or
any member, military judge, or counsel  thereof,  with  respect  to  the
findings or sentence adjudged by the court, or with respect to any other
exercise  of  its  or his functions in the conduct of the proceeding. No
person subject  to  this  code  shall  attempt  to  coerce  or,  by  any
unauthorized means, influence the action of a court-martial or any other
military  tribunal  or  any  member thereof, in reaching the findings or
sentence in any case, or the action  of  any  convening,  approving,  or
reviewing  authority  with  respect  to his judicial acts. The foregoing
provisions of the subdivision  shall  not  apply  with  respect  to  (1)
general  instructional  or  informational courses in military justice if
such courses are designed solely for the purpose of instructing  members
of   a   command   in   the   substantive   and  procedural  aspects  of
courts-martial, or (2) to statements  and  instructions  given  in  open
court  by  the  military judge, president of a special court-martial, or
counsel.
(b) In the preparation of an  effectiveness,  fitness,  or  efficiency
report  or any other report or document used in whole or in part for the
purpose of determining whether a member is qualified to be advanced,  in
grade,  or  in  determining the assignment or transfer of a member or in
determining whether a member should be retained on any type of  duty  or
status,  no  person  subject  to this chapter may, in preparing any such
report (1) consider or evaluate the performance  of  duty  of  any  such
member  as  a  member  of  a court-martial, or (2) give a less favorable
rating or evaluation of any member because of the zeal with  which  such
member, as counsel, represented any accused before a court-martial.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.38 - Duties of Trial Counsel and Defense Counsel.

§ 130.38. Duties  of trial counsel and defense counsel.  (a) The trial
counsel of a general or special court-martial  shall  prosecute  in  the
name  of the state, and shall, under the direction of the court, prepare
the record of the proceedings.
(b) The accused shall have the right to be represented in his  defense
before  a  general  or  special  court-martial  by  civilian  counsel if
provided by him,  or  by  military  counsel  of  his  own  selection  if
reasonably  available, or by the defense counsel duly appointed pursuant
to section 130.27. Should the accused have counsel of his own selection,
the duly appointed defense counsel, and assistant  defense  counsel,  if
any,  shall,  if  the  accused so desires, act as his associate counsel;
otherwise they shall  be  excused  by  the  military  judge  or  by  the
president of a court-martial without a military judge.
(c) In every court-martial proceeding, the defense counsel may, in the
event of conviction, forward for attachment to the record of proceedings
a  brief  of  such matters as he feels should be considered in behalf of
the accused on review, including any objection to the  contents  of  the
record which he may deem appropriate.
(d)  An  assistant trial counsel of a general court-martial may, under
the direction of the trial counsel or when he is qualified to be a trial
counsel as required by section 130.27, perform any duty imposed by  law,
regulation,  or  the custom of the service upon the trial counsel of the
court. An assistant trial counsel of a special court-martial may perform
any duty of the trial counsel.
(e) An assistant defense counsel of a general or special court-martial
may, under the direction of the defense counsel or when he is  qualified
to  be  the  defense  counsel as required by section 130.27, perform any
duty imposed by law, regulation, or  the  custom  of  the  service  upon
counsel for the accused.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.39 - Sessions.

§ 130.39. Sessions.
(a)  At any time after the service of charges which have been referred
for trial to a court-martial composed of a military judge  and  members,
the  military judge may, subject to section 130.35 of this chapter, call
the court into session without the  presence  of  the  members  for  the
purpose of--
(1)  hearing  and  determining  motions raising defenses or objections
which are capable of determination without trial of the issues raised by
a plea of not guilty;
(2) hearing and ruling upon any matter which may be ruled upon by  the
military  judge  under  this  chapter,  whether  or  not  the  matter is
appropriate for later consideration or decision by members of the court;
(3) if permitted by  regulations  issued  pursuant  to  this  chapter,
holding the arraignment and receiving the pleas of the accused; and
(4) performing any other procedural function which may be performed by
the military judge under this chapter or under rules prescribed pursuant
to  section  130.36  of  this  chapter  and  which  does not require the
presence of the  members  of  the  court.  These  proceedings  shall  be
conducted  in  the presence of the accused, the defense counsel, and the
trial counsel and shall be made a part of the record.
(b) When the members of a court-martial deliberate or vote,  only  the
members  may  be  present.  All  other  proceedings, including any other
consultation of the members of the court with counsel  or  the  military
judge,  shall  be made a part of the record and shall be in the presence
of the accused, the defense counsel, the trial counsel, and, in cases in
which a military judge has been detailed  to  the  court,  the  military
judge.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.40 - Continuances.

§ 130.40. Continuances.  The military judge or a court-martial without
  a  military  judge may, for reasonable cause, grant a continuance to any
  party for such time, and as often, as may appear to be just.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.41 - Challenges.

§ 130.41. Challenges.  (a) The military judge and members of a general
or  special  court-martial may be challenged by the accused or the trial
counsel for cause stated to the court.  The military judge, or, if none,
the court, shall determine the relevancy and validity of challenges  for
cause,  and  shall  not receive a challenge to more than one person at a
time.  Challenges by the trial counsel shall ordinarily be presented and
decided before those by the accused are offered.
(b) Each accused and trial counsel shall be entitled to one peremptory
challenge, but the military judge shall not  be  challenged  except  for
cause,  and  if  the president of a special court-martial is a member of
the bar of this state, he shall not be challenged except for cause.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.42 - Oaths.

§ 130.42. Oaths.
(a)  Before  performing  their  respective duties,
military judges, members of general and  special  courts-martial,  trial
counsel,  assistant  trial  counsel,  defense counsel, assistant defense
counsel, reporters, and interpreters shall take an oath to perform their
duties faithfully.  The form of the oath, the  time  and  place  of  the
taking  thereof,  the manner of recording the same, and whether the oath
shall be taken for all cases in which these duties are to  be  performed
or  for  a particular case, shall be as prescribed in regulations issued
pursuant to this chapter.  These regulations may provide that an oath to
perform faithfully duties as a military judge, trial counsel,  assistant
trial  counsel,  defense  counsel,  or  assistant defense counsel may be
taken at any time by any judge advocate or other person certified to  be
qualified  or  competent for the duty, and if such oath is taken it need
not again be taken at the time the judge advocate  or  other  person  is
detailed to that duty.
(b)  All witnesses before military courts shall be examined on oath or
affirmation.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.43 - Statute of Limitations.

§ 130.43. Statute of limitations.  (a) A person charged with desertion
or  absence  without  leave  in time of war, or with aiding the enemy or
with mutiny may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this  section,  a  person  charged
with  desertion in time of peace or any of the offenses punishable under
sections 130.112 and  130.113  shall  not  be  liable  to  be  tried  by
court-martial  if the offense was committed more than three years before
the receipt of sworn charges and specifications by an officer exercising
summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this  article,  a  person  charged
with  any  offense  shall  not be liable to be tried by court-martial or
punished under section 130.15 if the offense was committed more than two
years before the receipt of  sworn  charges  and  specifications  by  an
officer  exercising  summary court-martial jurisdiction over the command
or before the imposition of punishment under section 130.15.
(d) Periods in which the accused was absent from  territory  in  which
the state has the authority to apprehend him, or in the custody of civil
authorities,  or  in  the  hands  of  the  enemy,  shall  be excluded in
computing the period of limitation prescribed in this section.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.44 - Former Jeopardy.

§ 130.44. Former  jeopardy.   (a) No person shall without his consent,
be tried a second time by a civil court or a military court of the state
for the same offense.
(b) No proceeding in which an accused  has  been  found  guilty  by  a
court-martial  upon  any  charge  or specification shall be held to be a
trial in the sense of this section  until  the  finding  of  guilty  has
become final after review of the case has been fully completed.
(c) A proceeding which, subsequent to the introduction of evidence but
prior  to  a  finding,  is  dismissed  or  terminated  by  the convening
authority or on motion of  the  prosecution  for  failure  of  available
evidence  or witnesses without any fault of the accused shall be a trial
in the sense of this section.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.45 - Pleas of the Accused.

§ 130.45. Pleas  of  the accused.  (a) If an accused after arraignment
makes any irregular pleading, or after a plea of guilty sets  up  matter
inconsistent  with  the  plea,  or if it appears that he has entered the
plea of guilty improvidently or through lack  of  understanding  of  its
meaning  and  effect,  or if he fails or refuses to plead, a plea of not
guilty shall be entered in the record and the  court  shall  proceed  as
though he had pleaded not guilty.
(b)  With  respect  to  any charge or specification to which a plea of
guilty has been made by the accused and accepted by the  military  judge
or  by  a court-martial without a military judge, a finding of guilty of
the charge or specification may,  if  permitted  by  regulations  issued
pursuant  to  this  chapter,  be  entered immediately without vote. This
finding shall constitute the finding of the court  unless  the  plea  of
guilty  is  withdrawn  prior  to  announcement of the sentence, in which
event the proceeding shall continue as though the  accused  had  pleaded
not guilty.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.46 - Opportunity to Obtain Witnesses and Other Evidence.

§ 130.46. Opportunity  to  obtain  witnesses and other evidence.   The
  trial counsel, defense counsel, and the court-martial shall  have  equal
  opportunity  to  obtain  witnesses and other evidence in accordance with
  regulations issued by the governor pursuant to this  chapter.    Process
  issued  in court-martial cases to compel witnesses to appear and testify
  and to compel the production of other evidence shall run to any part  of
  the  state  and  to  any  other  state in which the court-martial may be
  sitting.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.47 - Refusal to Appear or Testify.

§ 130.47. Refusal  to  appear or testify.  Every person not subject to
this code who (a) has been duly subpoenaed to appear as a witness or  to
produce  books  and records before any military court or board or before
any military or civil officer designated to take a deposition to be read
in evidence before such military court or board; and
(b) has been duly paid or tendered the fees and mileage of  a  witness
at  the  rates  allowed  to witnesses attending the supreme court of the
state; and
(c) willfully neglects or refuses to appear, or refuses to qualify  as
a witness or to testify or to produce any evidence which such person may
have  been  duly  subpoenaed  to  produce  shall  be deemed guilty of an
offense against the state and may be punished by the  supreme  court  of
the  county  in  which  such  military court or board was convened or in
which such military or civil officer is located, in the same manner  and
to  the  same  extent  as provided for the failure to appear, refusal to
qualify as a witness or to testify or refusal or failure to produce  any
evidence  which such person may have been duly subpoenaed to produce, in
actions or proceedings in the supreme court of the state.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.48 - Contempts.

§ 130.48. Contempts.    A  military  court may punish for contempt any
  person who uses any menacing words, signs, or gestures in its  presence,
  or  who  disturbs  its  proceedings  by  any  riot  or  disorder.   Such
  punishment shall not exceed confinement for thirty days or a fine of one
  hundred dollars, or both.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.49 - Depositions.

§ 130.49. Depositions.  (a) At any time after charges have been signed
as  provided  in  section  130.30,  any  party  may take oral or written
depositions  unless  the  military  judge  or  court-martial  without  a
military  judge  hearing the case or, if the case is not being heard, an
authority competent to convene a court-martial for  the  trial  of  such
charges forbids it for good cause. If a deposition is to be taken before
charges are referred for trial, such an authority may designate officers
to  represent  the  prosecution  and  the defense and may authorize such
officers to take the deposition of any witness.
(b) The party at whose instance a deposition is to be taken shall give
to every other party reasonable written notice of the time and place for
taking the deposition.
(c) Depositions may be taken before and authenticated by any  military
or  civil  officer authorized by the laws of the state or by the laws of
the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon  reasonable  notice  to
the  other  party,  so  far  as  otherwise admissible under the rules of
evidence may be read in evidence before  any  court-martial  or  in  any
proceeding before a court of inquiry, if it appears
(1)  that  the  witness  resides  or  is beyond the state in which the
court-martial or court of inquiry is  ordered  to  sit,  or  beyond  the
distance of one hundred miles from the place of trial or hearing; or
(2)  that  the  witness  by  reason  of  death,  age, sickness, bodily
infirmity, imprisonment, military necessity, non-amenability to process,
or other reasonable cause, is unable or refuses to appear and testify in
person at the place of trial or hearing; or
(3) that the present whereabouts of the witness is unknown.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.50 - Admissibility of Records of Courts of Inquiry.

§ 130.50. Admissibility  of  records of courts of inquiry.  (a) In any
case not extending to the dismissal of an officer, the sworn  testimony,
contained  in the duly authenticated record of proceedings of a court of
inquiry, of a person whose oral testimony cannot be  obtained,  may,  if
otherwise admissible under the rules of evidence, be read in evidence by
any  party  before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or  if  the  accused
consents to the introduction of such evidence.
(b)  Such  testimony  may  be  read in evidence only by the defense in
cases extending to the dismissal of an officer.
(c) Such testimony may also be read in  evidence  before  a  court  of
inquiry or a military board.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.51 - Voting and Rulings.

§ 130.51. Voting  and  rulings.  (a) Voting by members of a general or
special court-martial on the  findings  and  on  the  sentence,  and  by
members  of  a  court-martial without a military judge upon questions of
challenge, shall be by secret written ballot. The junior member  of  the
court  shall  in each case count the votes, which count shall be checked
by the president, who shall forthwith announce the result of the  ballot
to the members of the court.
(b)  The  military  judge  and, except for questions of challenge, the
president of a court-martial without a military judge shall rule on  all
questions  of  law  and  all  interlocutory questions arising during the
proceedings. Any such  ruling  made  by  the  military  judge  upon  any
question  of  law  or  any interlocutory question other than the factual
issue of mental responsibility of the accused, or by the president of  a
court-martial  without  a  military judge upon any question of law other
than a motion for finding of not guilty, is final  and  constitutes  the
ruling  of  a  court.  However, the military judge or the president of a
court-martial without a military judge may change his ruling at any time
during the trial. Unless such ruling be final,  if  any  member  objects
thereto,  the court shall be cleared and closed and the question decided
by a vote as provided in section 130.52, viva voce, beginning  with  the
junior in rank.
(c)  Before a vote is taken on the findings, the military judge or the
president of a court-martial without a  military  judge  shall,  in  the
presence  of  the accused and counsel, instruct the members of the court
as to the elements of the offense and charge them--
(1) that the accused must be presumed to be innocent until  his  guilt
is established by legal and competent evidence beyond reasonable doubt;
(2)  that in the case being considered, if there is a reasonable doubt
as to the guilt of the accused, the doubt shall be resolved in favor  of
the accused and he shall be acquitted;
(3) that if there is a reasonable doubt as to the degree of guilt, the
finding  must  be  in  a lower degree as to which there is no reasonable
doubt; and
(4) that the burden of proof to establish the  guilt  of  the  accused
beyond reasonable doubt is upon the state.
(d)  Subdivisions  (a),  (b)  and  (c) do not apply to a court-martial
composed of a  military  judge  only.  The  military  judge  of  such  a
court-martial  shall  determine  all  questions  of law and fact arising
during the proceedings and, if the  accused  is  convicted,  adjudge  an
appropriate  sentence.  The military judge of such a court-martial shall
make a general finding and shall in addition on request find  the  facts
specially.  If an opinion or memorandum of decision is filed, it will be
sufficient if the findings of fact appear therein.
2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 7 - Trial Procedure › 130.52 - Number of Votes Required.

§ 130.52. Number  of votes required.  (a) No person shall be convicted
of any offense, except as provided in subdivision (b) of section  130.45
of  this  chapter,  or  by  the concurrence of two-thirds of the members
present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of two-thirds
of the members present at the time that the vote is taken.
(c) All other questions to be decided by the members of a  general  or
special  court-martial  shall  be  determined  by a majority vote, but a
determination to reconsider a finding  of  guilty  or  to  reconsider  a
sentence,  with  a  view toward decreasing it, may be made by any lesser
vote which indicates that the reconsideration  is  not  opposed  by  the
number  of votes required for that finding or sentence.  A tie vote on a
challenge shall disqualify the member challenged.    A  tie  vote  on  a
motion  for  a  finding  of  not  guilty  or on a motion relating to the
question of the accused's sanity shall be a  determination  against  the
accused.    A tie vote on any other question shall be a determination in
favor of the accused.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.