New York § 130.57 Effective date of sentences

New York Statutes

§ 130.57 — Effective date of sentences

New York § 130.57

Law MILMilitary

Part 8Sentences

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.57 (2026).

Text

§ 130.57. Effective date of sentences.

(a)Whenever a sentence of a\ncourt-martial as lawfully adjudged and approved includes a forfeiture of\npay or allowances in addition to confinement not suspended or deferred,\nthe forfeiture may apply to pay or allowances becoming due on or after\nthe date such sentence is approved by the convening authority and to any\npay or allowances accrued before such date.\n (b) Any period of confinement included in a sentence of a\ncourt-martial shall begin to run from the date the sentence is adjudged\nby the court-martial, but periods during which the sentence to\nconfinement is suspended or deferred shall be excluded in computing the\nservice of the term of confinement. Regulations adopted pursuant to this\nchapter may provide that sentences of confine

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§ 130.57. Effective date of sentences. (a) Whenever a sentence of a\ncourt-martial as lawfully adjudged and approved includes a forfeiture of\npay or allowances in addition to confinement not suspended or deferred,\nthe forfeiture may apply to pay or allowances becoming due on or after\nthe date such sentence is approved by the convening authority and to any\npay or allowances accrued before such date.\n (b) Any period of confinement included in a sentence of a\ncourt-martial shall begin to run from the date the sentence is adjudged\nby the court-martial, but periods during which the sentence to\nconfinement is suspended or deferred shall be excluded in computing the\nservice of the term of confinement. Regulations adopted pursuant to this\nchapter may provide that sentences of confinement shall not be executed\nuntil approved by such officers as may be designated in such\nregulations.\n (c) All other sentences of court-martial shall become effective on the\ndate ordered executed.\n (d) On application by an accused who is under sentence to confinement\nthat has not been ordered executed, the convening authority or, if the\naccused is no longer under his jurisdiction, the officer exercising\nsimilar court-martial convening authority over the command to which the\naccused is currently assigned, may in his sole discretion defer service\nof a sentence to confinement. The deferment shall terminate when the\nsentence is ordered executed. The deferment may be rescinded at any time\nby the officer who granted it or, if the accused is no longer under his\njurisdiction, by the officer exercising similar court-martial\njurisdiction over the command to which the accused is currently\nassigned.\n