New York § 130.37 Unlawfully influencing action of court

New York Statutes

§ 130.37 — Unlawfully influencing action of court

New York § 130.37

Law MILMilitary

Part 7Trial Procedure

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.37 (2026).

Text

§ 130.37. Unlawfully influencing action of court.

(a)No authority\nconvening a general, special, or summary court-martial, nor any other\ncommanding officer, shall censure, reprimand, or admonish such court or\nany member, military judge, or counsel thereof, with respect to the\nfindings or sentence adjudged by the court, or with respect to any other\nexercise of its or his functions in the conduct of the proceeding. No\nperson subject to this code shall attempt to coerce or, by any\nunauthorized means, influence the action of a court-martial or any other\nmilitary tribunal or any member thereof, in reaching the findings or\nsentence in any case, or the action of any convening, approving, or\nreviewing authority with respect to his judicial acts. The foregoing\nprovisions of the subdiv

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§ 130.37. Unlawfully influencing action of court. (a) No authority\nconvening a general, special, or summary court-martial, nor any other\ncommanding officer, shall censure, reprimand, or admonish such court or\nany member, military judge, or counsel thereof, with respect to the\nfindings or sentence adjudged by the court, or with respect to any other\nexercise of its or his functions in the conduct of the proceeding. No\nperson subject to this code shall attempt to coerce or, by any\nunauthorized means, influence the action of a court-martial or any other\nmilitary tribunal or any member thereof, in reaching the findings or\nsentence in any case, or the action of any convening, approving, or\nreviewing authority with respect to his judicial acts. The foregoing\nprovisions of the subdivision shall not apply with respect to (1)\ngeneral instructional or informational courses in military justice if\nsuch courses are designed solely for the purpose of instructing members\nof a command in the substantive and procedural aspects of\ncourts-martial, or (2) to statements and instructions given in open\ncourt by the military judge, president of a special court-martial, or\ncounsel.\n (b) In the preparation of an effectiveness, fitness, or efficiency\nreport or any other report or document used in whole or in part for the\npurpose of determining whether a member is qualified to be advanced, in\ngrade, or in determining the assignment or transfer of a member or in\ndetermining whether a member should be retained on any type of duty or\nstatus, no person subject to this chapter may, in preparing any such\nreport (1) consider or evaluate the performance of duty of any such\nmember as a member of a court-martial, or (2) give a less favorable\nrating or evaluation of any member because of the zeal with which such\nmember, as counsel, represented any accused before a court-martial.\n