New York § 130.52 Number of votes required

New York Statutes

§ 130.52 — Number of votes required

New York § 130.52

Law MILMilitary

Part 7Trial Procedure

Art. 7Code of Military Justice

This text of New York § 130.52 (Number of votes required) 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 § 130.52 (2026).

Text

§ 130.52. Number of votes required.

(a)No person shall be convicted\nof any offense, except as provided in subdivision (b) of section 130.45\nof this chapter, or by the concurrence of two-thirds of the members\npresent at the time the vote is taken.\n (b) All sentences shall be determined by the concurrence of two-thirds\nof the members present at the time that the vote is taken.\n (c) All other questions to be decided by the members of a general or\nspecial court-martial shall be determined by a majority vote, but a\ndetermination to reconsider a finding of guilty or to reconsider a\nsentence, with a view toward decreasing it, may be made by any lesser\nvote which indicates that the reconsideration is not opposed by the\nnumber of votes required for that finding or sentence. A tie

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

§ 130.52. Number of votes required. (a) No person shall be convicted\nof any offense, except as provided in subdivision (b) of section 130.45\nof this chapter, or by the concurrence of two-thirds of the members\npresent at the time the vote is taken.\n (b) All sentences shall be determined by the concurrence of two-thirds\nof the members present at the time that the vote is taken.\n (c) All other questions to be decided by the members of a general or\nspecial court-martial shall be determined by a majority vote, but a\ndetermination to reconsider a finding of guilty or to reconsider a\nsentence, with a view toward decreasing it, may be made by any lesser\nvote which indicates that the reconsideration is not opposed by the\nnumber of votes required for that finding or sentence. A tie vote on a\nchallenge shall disqualify the member challenged. A tie vote on a\nmotion for a finding of not guilty or on a motion relating to the\nquestion of the accused's sanity shall be a determination against the\naccused. A tie vote on any other question shall be a determination in\nfavor of the accused.\n