New York § 130.38 Duties of trial counsel and defense counsel

New York Statutes

§ 130.38 — Duties of trial counsel and defense counsel

New York § 130.38

Law MILMilitary

Part 7Trial Procedure

Art. 7Code of Military Justice

This text of New York § 130.38 (Duties of trial counsel and defense counsel) 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 § 130.38 (2026).

Text

§ 130.38. Duties of trial counsel and defense counsel.

(a)The trial\ncounsel of a general or special court-martial shall prosecute in the\nname of the state, and shall, under the direction of the court, prepare\nthe record of the proceedings.\n (b) The accused shall have the right to be represented in his defense\nbefore a general or special court-martial by civilian counsel if\nprovided by him, or by military counsel of his own selection if\nreasonably available, or by the defense counsel duly appointed pursuant\nto section 130.27. Should the accused have counsel of his own selection,\nthe duly appointed defense counsel, and assistant defense counsel, if\nany, shall, if the accused so desires, act as his associate counsel;\notherwise they shall be excused by the military judge or by

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§ 130.38. Duties of trial counsel and defense counsel. (a) The trial\ncounsel of a general or special court-martial shall prosecute in the\nname of the state, and shall, under the direction of the court, prepare\nthe record of the proceedings.\n (b) The accused shall have the right to be represented in his defense\nbefore a general or special court-martial by civilian counsel if\nprovided by him, or by military counsel of his own selection if\nreasonably available, or by the defense counsel duly appointed pursuant\nto section 130.27. Should the accused have counsel of his own selection,\nthe duly appointed defense counsel, and assistant defense counsel, if\nany, shall, if the accused so desires, act as his associate counsel;\notherwise they shall be excused by the military judge or by the\npresident of a court-martial without a military judge.\n (c) In every court-martial proceeding, the defense counsel may, in the\nevent of conviction, forward for attachment to the record of proceedings\na brief of such matters as he feels should be considered in behalf of\nthe accused on review, including any objection to the contents of the\nrecord which he may deem appropriate.\n (d) An assistant trial counsel of a general court-martial may, under\nthe direction of the trial counsel or when he is qualified to be a trial\ncounsel as required by section 130.27, perform any duty imposed by law,\nregulation, or the custom of the service upon the trial counsel of the\ncourt. An assistant trial counsel of a special court-martial may perform\nany duty of the trial counsel.\n (e) An assistant defense counsel of a general or special court-martial\nmay, under the direction of the defense counsel or when he is qualified\nto be the defense counsel as required by section 130.27, perform any\nduty imposed by law, regulation, or the custom of the service upon\ncounsel for the accused.\n