reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.12 - Appeals and review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Action by
				  the State judge advocate.
(1) Cases required
				  to be referred to a Board of Military Review. The State judge advocate must
				  refer to the Board of Military Review the record in each trial by court-martial
				  which:
(i) the sentence, as approved, extends
				  to dismissal of an officer or cadet, dishonorable or bad-conduct discharge, or
				  confinement; and
(ii) the accused
				  has not waived or withdrawn appellate review.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Scope.
(1) Applicability. These rules are
				  applicable in courts-martial, including summary courts-martial, to the extent
				  and with the exceptions stated in Mil. R. Evid. 1101.
(2) Secondary sources. If not otherwise
				  prescribed in this Chapter or these rules, and insofar as practicable and not
				  inconsistent with or contrary to the code or this Chapter, courts- martial
				  shall apply:
(i) first, the rules of evidence
				  generally recognized in the trial of criminal cases in the United States
				  district courts; and
(ii) second,
				  when not inconsistent with subparagraph (i) of this paragraph, the rules of
				  evidence at common law.
(3) Rule of construction. Except as otherwise
				  provided in these rules, the term military judge includes the president of a
				  special court-martial without a military judge and a summary court-martial
				  officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.2 - Judicial notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Judicial
				  notice of adjudicative facts.
(1) Scope of
				  rule. This subdivision governs only judicial notice of adjudicative
				  facts.
(2) Kinds of facts. A
				  judicially noticed fact must be one not subject to reasonable dispute in that
				  it is either:
(i) generally known
				  universally, locally, or in the area pertinent to the event; or
(ii) capable of accurate and ready
				  determination by resort to sources whose accuracy cannot reasonably be
				  questioned.
(3) When
				  discretionary. The military judge may take judicial notice, whether requested
				  or not. The parties shall be informed in open court when, without being
				  requested, the military judge takes judicial notice of an adjudicative fact
				  essential to establishing an element of the case.
(4) When mandatory. The military judge shall
				  take judicial notice if requested by a party and supplied with the necessary
				  information.
(5) Opportunity to be
				  heard. A party is entitled upon timely request to an opportunity to be heard as
				  to the propriety of taking judicial notice and the tenor of the matter noticed.
				  In the absence of prior notification, the request may be made after judicial
				  notice has been taken.
(6) Time of
				  taking notice. Judicial notice may be taken at any stage of the
				  proceeding.
(7) Instructing
				  members. The military judge shall instruct the members that they may, but are
				  not required to, accept as conclusive any matter judicially noticed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.4 - Relevancy and its limits

Current through Register Vol. 46, No. 28, July 10, 2024
Definition of relevant evidence.
(a) Relevant evidence means evidence having
				  any tendency to make the existence of any fact that is of consequence to the
				  determination of the action more probable or less probable than it would be
				  without the evidence.
(b) Relevant
				  evidence generally admissible; irrelevant evidence inadmissible. All relevant
				  evidence is admissible, except as otherwise provided by the Constitution of the
				  United States or the State of New York as applied to members of the Armed
				  Forces or State organized militia, the code, these rules, this Chapter, or any
				  Act of Congress applicable to members of the Armed Forces. Evidence which is
				  not relevant is not admissible.
(c)
				  Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of
				  time. Although relevant, evidence may be excluded if its probative value is
				  substantially outweighed by the danger of unfair prejudice, confusion of the
				  issues, or misleading the members, or by considerations of undue delay, waste
				  of time, or needless presentation of cumulative evidence.
(d) Character evidence not admissible to
				  prove conduct; exceptions; other crimes.
(1)
				  Character evidence generally. Evidence of a person's character or a trait of a
				  person's character is not admissible for the purpose of proving that the person
				  acted in conformity therewith on a particular occasion, except:
(i) Character of the accused. Evidence of a
				  pertinent trait of the character of the accused offered by an accused, or by
				  the prosecution to rebut the same.
(ii) Character of victim. Evidence of a
				  pertinent trait of character of the victim of the crime offered by an accused,
				  or by the prosecution to rebut the same, or evidence of a character trait of
				  peacefulness of the victim offered by the prosecution in a homicide or assault
				  case to rebut evidence that the victim was an aggressor.
(iii) Character of witness. Evidence of the
				  character of a witness, as provided in Mil. R. Evid. 607, 608, and
				  609.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.5 - Privileges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule.
(1) A person may not claim a privilege with
				  respect to any matter except as required by or provided for in:
(i) the Constitution of the United States as
				  applied to members of the Armed Forces;
(ii) the Constitution of the State of New
				  York;
(iii) an Act of Congress
				  applicable to trials by courts-martial;
(iv) New York Military Law;
(v) these rules or this Chapter; or
(vi) the principles of common law generally
				  recognized in the trial of criminal cases in the United States district courts
				  pursuant to rule 501 of the Federal Rules of Evidence insofar as the
				  application of such principles in trials by courts-martial is practicable and
				  not contrary to or inconsistent with the State code, these rules, or this
				  Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.6 - Witnesses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule of
				  competency. Every person is competent to be a witness except as otherwise
				  provided in these rules.
(b) Lack
				  of personal knowledge. A witness may not testify to a matter unless evidence is
				  introduced sufficient to support a finding that the witness has personal
				  knowledge of the matter. Evidence to prove personal knowledge may, but need
				  not, consist of the testimony of the witness. This subdivision is subject to
				  the provisions of Mil. R. Evid. 703, relating to opinion testimony by expert
				  witnesses.
(c) Oath or affirmation.
				  Before testifying, every witness shall be required to declare that the witness
				  will testify truthfully, by oath or affirmation administered in a form
				  calculated to awaken the witness's conscience and impress the witness's mind
				  with the duty to do so.
(d)
				  Interpreters. An interpreter is subject to the provisions of these rules
				  relating to qualifications as an expert and the administration of an oath or
				  affirmation that the interpreter will make a true translation.
(e) Competency of military judge as witness.
(1) The military judge presiding at the
				  court-martial may not testify in that court-martial as a witness. No objection
				  need be made to preserve the point.
(2) This subdivision does not preclude the
				  military judge from placing on the record matters concerning docketing of the
				  case.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.7 - Opinions and expert testimony

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Opinion testimony by lay witnesses. If the witness is not testifying as an
				  expert, the testimony of the witness in the form of opinions or inference is
				  limited to those opinions or inferences which are:
(1) rationally based on the perception of the
				  witness; and
(2) helpful to a clear
				  understanding of the testimony of the witness of the determination of a fact in
				  issue.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.8 - Hearsay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
				  The following definitions apply under this section:
(1)
(i) an
				  oral or written assertion; or
(ii)
				  nonverbal conduct of a person, if it is intended by the person as an
				  assertion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.10 - Contents of writings, recordings, and photographs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. For purposes of this section
				  the following definitions are applicable:
(1)
				  Writings and recordings consist of letters, words, or numbers, or their
				  equivalent, set down by handwriting, typewriting, printing, photostating,
				  photographing, magnetic impulse, mechanical or electronic recording, or other
				  form of data compilation.
(2)
				  Photographs include still photographs, X-ray films, video tapes, and motion
				  pictures.
(3) An original of a
				  writing or recording is the writing or recording itself or any counterpart
				  intended to have the same effect by a person executing or issuing it. An
				  "original" of a photograph includes the negative or any print therefrom. If
				  data are stored in a computer or similar device, any printout or other output
				  readable by sight, shown to reflect the data accurately, is an
				  "original".
(4) A duplicate is a
				  counterpart produced by the same impression as the original, or from the same
				  matrix, or by means of photography, including enlargements and miniatures, or
				  by mechanical or electronic recording, or by chemical reproduction, or by other
				  equivalent techniques which accurately reproduce the original.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.11 - Miscellaneous rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicability of rules.
(1) Rules applicable.
				  Except as otherwise provided in this Chapter, these rules apply generally to
				  all courts-martial, including summary courts-martial; to proceedings pursuant
				  to section 103.39(a); to limited fact finding proceedings ordered on review; to
				  proceedings in revision; and to contempt proceedings except those in which the
				  judge may act summarily.
(2) Rules
				  of privilege. The rules with respect to privileges in sections
				  517.3
				  and
				  517.4 
				  apply at all states of all actions, cases, and proceedings.
(3) Rules relaxed. The application of these
				  rules may be relaxed in sentencing proceedings as provided under N.Y.R.C.M.
				  1001 and otherwise as provided in this Chapter.
(4) Rules inapplicable. These rules (other
				  than with respect to privileges) do not apply in investigative hearings
				  pursuant to section 130.32; proceedings for vacation of suspension of sentence
				  pursuant to section 130.70; proceedings for search authorizations; proceedings
				  involving pretrial restraint; and in other proceedings authorized under the
				  code or this Chapter and not listed in paragraph (1) of this
				  subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 518 - Punitive Articles › Section 518.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivisions (a) and (b) of this section discuss the two
					 articles of the code that are located in the punitive article part of the code,
					 but which are not punitive as such: ML, 130.73, principals; and ML, 130.75,
					 lesser included offenses. N.Y.R.C.M. 307 prescribes rules for preferral of
					 charges. The discussion under that rule explains how to allege violations under
					 the code using the format of charge and specification. Beginning with
					 subdivision (c) of this section, the punitive articles of the code are
					 discussed using the following sequence:
Text of the article
Elements of the offense or offenses
Explanation
Lesser included offenses
Sample specifications
The maximum punishment for each offense under the code is
					 that which is the jurisdictional limit of the court-martial before which the
					 case is being heard (see N.Y.R.C.M. 1002).
(a)
Principals.
[ML, 130.73]
(1)
				  Text.
"Any person subject to this code who:
(1) commits an offense punishable by this
				  code, or aids, abets, counsels, commands, or procures its commission;
				  or
(2) causes an act to be done
				  which if directly performed by him would be punishable by this code; is a
				  principal."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.1 - Applicable policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. The administration of non-judicial punishment in the State military
				  forces shall be governed by section 130.15  of the Military Law of the State of
				  New York, by the Manual for Courts-Martial, United States, 1984 and AR 27-10
				  dated 25 September 1986, as amended, except insofar as the provisions of the
				  Manual for Courts-Martial and AR 27-10 may be inconsistent with the State Code
				  or inconsistent with or modified by this Part and Part V, NY Manual for
				  Courts-Martial. Any inconsistency with this Part and any of the above cited
				  references shall be resolved in favor of this Part and Part V, NYMCM.
(b) Use of non-judicial punishment.
(1) A commander should use nonpunitive
				  measures to the fullest extent to further the efficiency of the command before
				  resorting to non-judicial punishment. Use of non-judicial punishment is proper
				  in all cases involving minor offenses in which nonpunitive measures are
				  considered inadequate or inappropriate. If it is clear that non-judicial
				  punishment will not be sufficient to meet the ends of justice, more stringent
				  measures must be taken. Prompt action is essential for non-judicial punishment
				  to have the proper corrective effect. Non-judicial punishment may be imposed
				  to:
(i) correct, educate and reform offenders
				  who the imposing commander determines cannot benefit from less stringent
				  measures;
(ii) preserve a member's
				  record of service from unnecessary stigma by a record of court-martial
				  conviction; and
(iii) further
				  military efficiency by disposing of minor offenses in a manner requiring less
				  time and personnel than trial by court-martial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.2 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Who may impose
				  non-judicial punishment. Unless otherwise specified in this Part, any commander
				  is authorized to exercise the disciplinary powers conferred by section 130.15.
(1) The term commander, as used in this
				  section, is a commissioned or warrant officer who, by virtue of his or her
				  grade and assignment, exercises primary command authority over a military
				  organization or prescribed territorial area that under pertinent official
				  directives is recognized as a command.
(2) In the case of Active Guard/Reserve (AGR)
				  personnel, commander includes the lowest level supervisor of an AGR member at
				  his work station who is a commissioned or warrant officer.
(3) The words "imposing commander" refers to
				  the commander or other officer who actually imposes the non-judicial
				  punishment.
(4) Commands include
				  the following:
(i) companies, troops and
				  batteries;
(ii) numbered units and
				  detachments;
(iii)
				  missions;
(iv) service
				  school;
(v) area
				  commands;
(vi) work station (in the
				  case of AGR personnel).
(5) Commands also include, in general, any
				  other organization of the kind mentioned in paragraph (4) of this subdivision,
				  the commander of which is the one looked to by superior authority as the
				  individual chiefly responsible for maintaining discipline in that organization.
				  Thus, an infantry company, whether or not separate or detached, N.Y.R.C.M.
				  504(b)(2), is considered to be a command. However, an infantry platoon that is
				  part of a company and is not separate or detached is not considered to be a
				  command. Although a commissioned or warrant officer exercising command is
				  usually designated as the commander, this position may be designated by various
				  other titles having the same official connotation; e.g., commandant, chief of
				  mission or work supervisor.
(6) The
				  detachment commander in HHD, STARC will obtain the recommendation of the
				  appropriate DMNA director before imposing non-judicial punishment on an AGR
				  member who is a full-time DMNA employee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The
				  authority to impose non-judicial punishment charges a commander with the
				  responsibility of exercising his or her authority in an absolutely fair and
				  judicious manner.
(b) Preliminary
				  inquiry. (See N.Y.R.C.M. 303)
(1) The
				  commander of the alleged offender must insure that the matter is promptly and
				  adequately investigated. The commander may either investigate the matters
				  himself or delegate such responsibility to a subordinate. However, in the
				  latter case, the investigation should provide the commander with sufficient
				  information to make an appropriate disposition of the incident. The
				  investigation should cover:
(i) whether an
				  offense was committed;
(ii) whether
				  the member was involved;
(iii) the
				  character and military record of the member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.5 - Suspension, vacation, mitigation remission and setting aside

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Clemency.
(1) General. The imposing commander, his or
				  her successor-in-command, or the next superior authority may, in accordance
				  with the time prescribed in the MCM:
(i)
				  remit or mitigate any part or amount of the unexecuted portion of the
				  punishment imposed;
(ii) mitigate
				  reduction in grade, whether executed or unexecuted, to fine, detention or
				  pay;
(iii) at any time, suspend
				  probationally any part or amount of the unexecuted portion of the punishment
				  imposed;
(iv) suspend probationally
				  a reduction in grade or fine, whether or not executed. An uncollected fine of
				  pay shall be considered unexecuted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.6 - Appeals para 7, part v, mcm

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General.
(1) Only one appeal is permissible
				  under section 130.15  proceedings. There is no appeal from the imposition of the
				  proceedings. The appeal is from the punishment. An appeal not made within a
				  reasonable time may be rejected as untimely by the senior authority. A
				  reasonable time will vary according to the situation; however, an appeal
				  (including all documentary matters) submitted more than 30 days after the
				  punishment is imposed will be presumed to be untimely, unless the superior
				  authority, in his or her sound discretion for good cause shown, determines it
				  to be timely.
(2) If, at the time
				  of imposition of punishment, the member indicates a desire not to appeal, the
				  superior authority may reject a subsequent election to appeal, even though it
				  is made within the 30-day period. Although a suspended punishment may be
				  appealed, no appeal is authorized from the vacation of a suspended
				  punishment.
(3) When the member
				  desires to appeal, the imposing commander, or his or her successor-in-command,
				  will make available to the member reasonable assistance (to include judge
				  advocate counseling, if available) in preparing the appeal and will promptly
				  forward the appeal to the appropriate senior authority.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 519 - Non-judicial Punishment Procedures Army National Guard › Section 519.7 - Records of punishment, dmna form 1057 (appendix l-2[a16])

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disposition of
				  DMNA form 1057 (Appendix L-2[A16]). Copies of written or other documentary
				  evidence pertaining to the case which has been considered by the officer
				  imposing the non-judicial punishment or the commander on appeal are attached to
				  DMNA form 1057.
(b) Distribution:
(1) Original. Unit of assignment for filing
				  in the military personnel records of the individual to be maintained for three
				  years. If the case is appealed, original goes forward with the MPRJ to the next
				  higher headquarters.
(2) First
				  copy. Member concerned.
(3) Second
				  copy. For commander's use.
(4)
				  Third copy. In the case of AGR personnel, this copy will be forwarded to
				  MNSP-AGR, 330 Old Niskayuna Road, Latham, NY 12110-2224.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.1 - Who may impose non-judicial punishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) Commander includes the person duly
				  appointed by superior authority as commander of NYANG or of any New York Air
				  National Guard Wing, Group, Squadron of Flight.
(2) Responsible Commander is the commander
				  who intends to impose or who has imposed non-judicial punishment or who has
				  taken remedial action, in a given action, as the case may be.
(3) Members of his command refers to the
				  assigned members of the element or organization commanded, and others on
				  temporary duty with or otherwise attached to, the element, or organization. An
				  attachment on TDY orders for the specific purpose of exercising non-judicial
				  punishment authority is not necessary if the commander exercises the usual
				  responsibilities and attributes of command over the member. In such case the
				  commander has concurrent authority with the commander of the member's element
				  or organization of assignment. In the case of Active Guard/Reserve (AGR)
				  members, commander includes the lowest level supervisor of an AGR member at his
				  work station who is a commissioned or warrant officer.
(4) Any commander who is a commissioned or
				  warrant officer may impose non-judicial punishment on members of his command
				  for minor offenses, subject to limitations on this authority by statute,
				  regulation, or order by superior authority.
(i) As used here, the term minor offenses
				  refers to any act or omission that is considered an offense under the punitive
				  articles of the Military Law. Some of the factors to be considered in deciding
				  whether the offense is "minor" are: the nature of the offense, the
				  circumstances surrounding its commission, contemporary military and civilian
				  standards, and the age and prior service of the offender.
(5) This authority may be delegated only to
				  the officer who would assume command in the event of the death, disability or
				  absence of the commander. This delegation must be in writing and cited whenever
				  exercised.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.4 - Termination of action without punishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Once the action has been commenced, only the commander authorized to impose
				  non-judicial punishment may terminate the action without imposing
				  punishment.
(2) The commander
				  authorized to impose non-judicial punishment in a given action must terminate
				  the action without imposing punishment if no punishable offense has been proven
				  to his satisfaction.
(i) Once the action is
				  terminated without the imposition of punishment, the commander must, in
				  accordance with the provisions of section
				  520.3(a)(3) 
				  of this Part, mail or deliver written notification of the termination of the
				  action without imposition of punishment to:
(a) the individual formerly
				  accused;
(b) any person who
				  recommended the imposition of non-judicial punishment of the individual for the
				  (unsatisfactorily proven) offense; and
(c) all immediate and intermediate commanders
				  of the individual.
(ii)
				  The notification shall include the order to forthwith expunge from the
				  individual's records all references to the alleged commission of the offense by
				  the individual and to the commencement of the non-judicial punishment action,
				  and the commander shall place the notification in the individual's field
				  personnel record.
(iii) The effect
				  of such order to terminate and expunge is to fully restore the individual to
				  the status he was in before the alleged commission of the offense.
(iv) No separate orders to expunge need be
				  published, but the commander and the unit JA should maintain a record of the
				  correspondence which terminated the action and expunged all references to the
				  action from the individual's record.
(v) Although the unit JA is not required to
				  review such a termination action for legal sufficiency, it is recommended the
				  commander consult with his JA before terminating the action.
(vi) This commander's decision to terminate
				  the action and expunge is final, not reviewable, nor will it be sent to HQ
				  NYANG.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.5 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An appeal under section 130.15  will be
				  acted upon by the authority next superior to the officer who imposed the
				  punishment, if the person punished is still of the command of the officer who
				  imposed the punishment at the time he appeals. If the punishment has been
				  imposed under a delegation of a superior officer's power to impose non-judicial
				  punishment, the appeal will be acted upon by the authority next superior to the
				  officer who delegated the power. If, however, at the time he appeals from the
				  punishment, the person punished is no longer of the command of the person who
				  imposed the punishment, the appeal shall be acted upon by the authority next
				  superior to that present commanding officer of the offender who can impose the
				  same kind and amount of punishment as that imposed in the case or that
				  resulting from any modification by other competent authority. The authority
				  "next superior" to a particular commanding officer is the authority normally
				  next superior in the chain of command or such other authority as may be
				  designated as being next superior for the purposes of section 130.15  by higher
				  authority. A superior authority who is a commanding officer exercising general
				  court-martial jurisdiction or who is a general officer in command may delegate
				  those powers he has, as superior authority under section 130.15(d), to a
				  commissioned officer of his command exercising the function of deputy or
				  assistant commander.
(2) Officers
				  delegated the authority to impose certain types of non-judicial punishment
				  (e.g., reductions), stand in the place of the delegating authority. Thus, the
				  next superior authority in such actions is that authority next superior to the
				  delegating authority, and his decision on the appeal is final.
(3) An unsuspended punishment imposed shall
				  be executed and not stayed, pending a decision on an appeal.
(4) The record shall not be forwarded from
				  the officer who imposed the punishment to the next superior authority until the
				  election of whether or not to appeal has been received (including returned
				  unclaimed, addressee unknown, etc.) or the reply time has expired, whichever
				  comes first.
(5) The right to
				  appeal is from the imposition of punishment whether on that date it was
				  suspended, unsuspended, mitigated, remitted or set aside. If the punishment is
				  later suspended, and the suspension is vacated, or if the punishment is later
				  mitigated, remitted, or set aside, there is no right to appeal from such later
				  actions.
(6) On appeals, the
				  appellate authority may refer the record to the servicing JA for recommendation
				  and review (DMNA form 1066 [Appendix L-2(A28)]).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.6 - Vacation of suspension

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Generally.
(i) Only the commander who imposed the
				  punishment and suspended it, his successor-in-command, or superior authority
				  may vacate a suspension.
(ii)
				  Suspension of punishment may be vacated only if the offender commits an offense
				  punishable under the Military Law after the date of suspension and before the
				  suspension has automatically terminated. The newly committed offense may, but
				  need not also be the subject of a separate non-judicial punishment
				  action.
(iii) A single offense
				  should be the basis for both vacation action and a new non-judicial punishment
				  action only when the new offense warrants substantial additional punishment.
				  Separate actions must be initiated in such event.
(iv) In a suitable case, the original
				  punishment may be continued in a suspended status and a separate action
				  commenced and punishment imposed for the new offense. (See section
				  520.2(c)(1)(iv) 
				  of this Part.)
(v) A vacation of
				  suspension action must be in writing, and is commenced when the notification of
				  intent to vacate (recommend vacation of) the suspension of punishment is mailed
				  or delivered to the offender (DMNA form 1067 [Appendix L-2(A29)]).
(vi) The vacation action need not be entirely
				  completed during the suspension period if during the suspension period the
				  offender has been properly notified of the intent to vacate. Once the
				  suspension period has terminated, a vacation action can no longer be commenced
				  even though based on the alleged commission of an offense before the suspension
				  has terminated. However, this offense may be the basis of a new non-judicial
				  punishment action.
(vii) The
				  commencement of a vacation action automatically extends the suspension period
				  until the vacation action is decided.
(viii) There is no right to appeal a vacation
				  action; however, the offender has the right to submit matters in extenuation,
				  mitigation or defense.
(ix) The
				  vacation action will be processed in the same manner regarding legal
				  sufficiency review by the unit JA and forwarded to the commander, NYANG as the
				  original non-judicial punishment action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.9 - Copies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prepare enough
				  copies of all correspondence and forms to provide one for the offender, plus
				  one for each level of command that handles the action. The unit JA shall retain
				  a record of the action in his file.
(b) The commander must furnish the required
				  number of copies to the unit JA for processing under section
				  520.10(a) 
				  of this Part.
(c) Each copy must be
				  signed and dated, or be reproduced from the signed original.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.10 - Action taken on records of punishments, including vacation, suspension, mitigation, remission and set aside actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  commander who imposed the punishment or who took the vacation, suspension,
				  mitigation, remission or set aside action, forwards the record to the servicing
				  JA in the number of copies specified in section
				  520.9(a) 
				  of this Part. This commander shall be responsible for forwarding at least one
				  copy of the complete record for review to the next superior
				  authority.
(2) When the punishment
				  is appealed, the servicing JA shall:
(i) Be
				  responsible for forwarding the record through channels to the appropriate
				  appellate authority.
(ii) After the
				  offender has acknowledged action on the appeal, his immediate commander shall
				  return the record to the servicing JA who shall distribute copies of the record
				  as provided in section
				  520.9(a) 
				  of this Part.
(3) The
				  unit JA will ensure that all records are complete including all receipts of
				  mailing returned, and matters submitted by the offender, whether or not
				  submitted late.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.11 - Effect of errors

Current through Register Vol. 46, No. 28, July 10, 2024
A failure to comply with any of the procedural provisions
					 of this regulation shall not invalidate a punishment imposed under Military
					 Law, section 130.15.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.12 - Disposition of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  disposition of documents of non-judicial punishment actions is governed by
				  applicable ANG documents of AF regulations.
(b) The unit CBPO will retain the record of
				  the non-judicial punishment action as part of the member's permanent
				  record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.13 - Supplements

Current through Register Vol. 46, No. 28, July 10, 2024
Supplements to this regulation may be issued only by a Wing
					 or Group headquarters and must be submitted in writing to HQ NYANG for written
					 approval before publication.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.1 - Declaration of policy and regulatory intent

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Victim Services recognizes that the statutory
				  provisions enumerated in article 22 of the Executive Law may not fully describe
				  the services provided to claimants or the processes followed by the office
				  during the claim process and thereafter. Pursuant to subdivision 3 of section 623  of the Executive Law, the office adopts
				  this Part in order to implement the provisions and purposes of article 22 and
				  to describe the services provided to claimants and the processes followed by
				  the office during the claim process and thereafter. This Part is meant to
				  supplement the information provided by the provisions of article 22 of the
				  Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.2 - Transitional provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Part A-1 of chapter 56 of the Laws of 2010 eliminated the
				  Crime Victims Board and created the Office of Victim Services under article 22
				  of the Executive Law. Part A-1 of chapter 56 was deemed effective on June 22,
				  2010. Section 54 of part A-1 provides for the transition from Crime Victims
				  Board to the Office of Victim Services and is as follows: completion of
				  unfinished business. Any business or other matter undertaken or commenced by
				  the Crime Victims Board pertaining to or connected with the functions, powers,
				  obligations and duties hereby transferred and assigned to the Office of Victim
				  Services and pending on the effective date of this act may be conducted and
				  completed by the Office of Victim Services in the same manner and under the
				  same terms and conditions and with the same effect as if conducted and
				  completed by the former Crime Victims Board; provided, however, that claims
				  accepted by the Crime Victims Board but not determined before the effective
				  date of this act shall be determined by the Office of Victim Services pursuant
				  to the regulations promulgated pursuant to section 627  of the Executive Law as added by section
				  18 of this act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part and for the purposes of Executive Law,
				  article 22, in addition to the definitions contained in Executive Law, article
				  22:
(a) Child victim shall mean a
				person less than 18 years of age who:
(1)
				suffers physical, mental or emotional injury, or loss or damage, as a direct
				result of a crime or as a result of witnessing a crime, pursuant to subdivision
				11 of section 621  of the
				Executive Law; or
(2) who is
				reported missing for a period greater than seven days, as there shall be a
				rebuttable presumption that he or she is a victim of a crime, pursuant to
				paragraph (d) of subdivision 1 of section 627  of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.4 - Filing of claims

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the provisions contained in section 625  of
				  the Executive Law:
(a) Claim
				applications shall be filed with the office in person, by mail, or
				electronically via facsimile, electronic mail or any other manner the office
				may make available for the filing of claims pursuant to subdivision one of
				section 305 of the New York State Technology Law.
(1) If mailed, such application shall be
				directed to:
Office of Victim Services
Alfred E. Smith State Office Building
80 South Swan Street, 2nd Floor
Albany, NY 12210-8002
(2) Emergency award claim applications may be
				sent via facsimile, to a number the office may make available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.5 - Assignment and investigation of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a claim has been accepted by the
				office it shall be assigned by the director for investigation as soon as
				practicable, but no later than three months after acceptance pursuant to
				section
				525.4(c) 
				of this Part. All claims arising from the same criminal act(s) shall be
				assigned or re-assigned to the same staff person when practical.
(b) The staff person to whom a claim is
				assigned shall conduct an investigation into the validity of the claim as soon
				as practicable, but no later than six months after assignment pursuant to
				subdivision (a) of this section. This investigation may, but need not
				necessarily, include the verification of information supplied by the claimant
				and the development of new or different information concerning the
				circumstances of the crime, the victim's conduct contributing to the crime or
				the criminal injury, if any, the reporting of the crime to appropriate
				authorities, the cooperation of the crime victim or claimant with a subsequent
				criminal investigation or prosecution, or with the office, the status of the
				crime victim or claimant as a disabled or elderly person, any physical or other
				injury suffered as a result of the crime, any health care or other services
				required as a result of the crime, any earnings or support lost as a result of
				the crime, the identity or value of any "essential personal property" lost,
				damaged or destroyed as a result of the crime, and any other matter deemed
				relevant to the claim.
(c) The
				staff person to whom the claim is assigned may, if deemed necessary or
				appropriate, direct the medical examination of a crime victim, take or cause to
				be taken affidavits or depositions, order a hearing, examine any person under
				oath or affirmation, and issue subpoenas requiring the attendance and testimony
				of witnesses and the production of documents.
(d) All claims accepted by the office shall
				be investigated regardless of whether the alleged criminal has been apprehended
				or prosecuted for, or convicted of any crime based upon the same incident, or
				has been acquitted, or found not guilty of the crime in question owing to
				criminal irresponsibility or other legal exemption.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.6 - Decision on a claim

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				information developed in the course of the investigation discloses that:
(1) the claimant has withdrawn the claim;
				or
(2) the claimant has failed or
				refused to supply information requested by the office; or
(3) a claim arising from the same
				circumstance is pending before another agency; or
(4) the claimant cannot be located, then the
				office may issue a decision denying the claim without prejudice to the claim
				being reopened at a later time.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.7 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The claimant, his or her attorney, and all material and
				  necessary parties, shall be notified in writing of the time, place and purpose
				  of any hearing, as well as the evidence to be produced by the claimant or other
				  parties. The notice shall be mailed not less than 10 days before the date of
				  the hearing. In the discretion of the office any issue may be considered and
				  determined, although not indicated in the notice of hearing, if the
				  administration of justice will thereby be substantially
				  served.