New York § 130.41 Challenges

New York Statutes

§ 130.41 — Challenges

New York § 130.41

Law MILMilitary

Part 7Trial Procedure

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.41 (2026).

Text

§ 130.41. Challenges.

(a)The military judge and members of a general\nor special court-martial may be challenged by the accused or the trial\ncounsel for cause stated to the court. The military judge, or, if none,\nthe court, shall determine the relevancy and validity of challenges for\ncause, and shall not receive a challenge to more than one person at a\ntime. Challenges by the trial counsel shall ordinarily be presented and\ndecided before those by the accused are offered.\n (b) Each accused and trial counsel shall be entitled to one peremptory\nchallenge, but the military judge shall not be challenged except for\ncause, and if the president of a special court-martial is a member of\nthe bar of this state, he shall not be challenged except for cause.\n

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§ 130.41. Challenges. (a) The military judge and members of a general\nor special court-martial may be challenged by the accused or the trial\ncounsel for cause stated to the court. The military judge, or, if none,\nthe court, shall determine the relevancy and validity of challenges for\ncause, and shall not receive a challenge to more than one person at a\ntime. Challenges by the trial counsel shall ordinarily be presented and\ndecided before those by the accused are offered.\n (b) Each accused and trial counsel shall be entitled to one peremptory\nchallenge, but the military judge shall not be challenged except for\ncause, and if the president of a special court-martial is a member of\nthe bar of this state, he shall not be challenged except for cause.\n