New York § 130.32 Investigation

New York Statutes

§ 130.32 — Investigation

New York § 130.32

Law MILMilitary

Part 6Pre-trial Procedure

Art. 7Code of Military Justice

This text of New York § 130.32 (Investigation) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Military § 130.32 (2026).

Text

§ 130.32. Investigation.

(a)No charge or specification shall be\nreferred to a general court-martial for trial until a thorough and\nimpartial investigation of all the matters set forth therein has been\nmade. This investigation shall include inquiries as to the truth of the\nmatter set forth in the charges, form of charges, and the disposition\nwhich should be made of the case in the interest of justice and\ndiscipline.\n (b) The accused shall be advised of the charges against him and of his\nright to be represented at such investigation by counsel. Upon his own\nrequest he shall be represented by civilian counsel if provided by him\nat his own expense, or military counsel of his own selection if such\ncounsel be reasonably available, or by counsel appointed by the adjutant\ngeneral.

Free access — add to your briefcase to read the full text and ask questions with AI

§ 130.32. Investigation. (a) No charge or specification shall be\nreferred to a general court-martial for trial until a thorough and\nimpartial investigation of all the matters set forth therein has been\nmade. This investigation shall include inquiries as to the truth of the\nmatter set forth in the charges, form of charges, and the disposition\nwhich should be made of the case in the interest of justice and\ndiscipline.\n (b) The accused shall be advised of the charges against him and of his\nright to be represented at such investigation by counsel. Upon his own\nrequest he shall be represented by civilian counsel if provided by him\nat his own expense, or military counsel of his own selection if such\ncounsel be reasonably available, or by counsel appointed by the adjutant\ngeneral. At such investigation full opportunity shall be given to the\naccused to cross-examine witnesses against him if they are available and\nto present anything he may desire in his own behalf, either in defense\nor mitigation, and the investigating officer shall examine available\nwitnesses requested by the accused. If the charges are forwarded after\nsuch investigation, they shall be accompanied by a statement of the\nsubstance of the testimony taken on both sides and a copy thereof shall\nbe given to the accused.\n (c) If an investigation of the subject matter of an offense has been\nconducted prior to the time the accused is charged with the offense, and\nif the accused was present at such investigation and afforded the\nopportunities for representation, cross-examination, and presentation\nprescribed in subdivision (b) of this section, no further investigation\nof that charge is necessary under this section unless it is demanded by\nthe accused after he is informed of the charge. A demand for further\ninvestigation entitled the accused to recall witnesses for further\ncross-examination and to offer any new evidence in his own behalf.\n (d) The requirements of this section shall be binding on all persons\nadministering this code, but failure to follow them in any case shall\nnot divest a military court of jurisdiction.\n