New York § 130.34 Advice of staff judge advocate and reference for trial

New York Statutes

§ 130.34 — Advice of staff judge advocate and reference for trial

New York § 130.34

Law MILMilitary

Part 6Pre-trial Procedure

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.34 (2026).

Text

§ 130.34. Advice of staff judge advocate and reference for trial.

(a)\nBefore directing the trial of any charge by general court-martial, the\nconvening authority shall refer it to the state judge advocate for\nconsideration and advice. The convening authority shall not refer a\ncharge to a general court-martial for trial unless he has found that the\ncharge alleges an offense under this code and is warranted by evidence\nindicated in the report of investigation.\n (b) If the charges or specifications are not formally correct or do\nnot conform to the substance of the evidence contained in the report of\nthe investigating officer, formal corrections and such changes in the\ncharges and specifications as are needed to make them conform to the\nevidence may be made.\n

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§ 130.34. Advice of staff judge advocate and reference for trial. (a)\nBefore directing the trial of any charge by general court-martial, the\nconvening authority shall refer it to the state judge advocate for\nconsideration and advice. The convening authority shall not refer a\ncharge to a general court-martial for trial unless he has found that the\ncharge alleges an offense under this code and is warranted by evidence\nindicated in the report of investigation.\n (b) If the charges or specifications are not formally correct or do\nnot conform to the substance of the evidence contained in the report of\nthe investigating officer, formal corrections and such changes in the\ncharges and specifications as are needed to make them conform to the\nevidence may be made.\n