§ 130.61 — Waiver or withdrawal of appeal

New York § 130.61

• Jurisdiction: New York
• Law MIL: Military
• Part 9: Post-trial Procedure and Review of Courts-martial
• Art. 7: Code of Military Justice

Text

§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to\nappellate review under section 130.65 or section 130.68 of this article\nthe accused may file with the convening authority a statement expressly\nwaiving the right of the accused to such review. Such a waiver shall be\nsigned by both the accused and by defense counsel and must be filed\nwithin ten days after the action under subdivision (c) of section 130.60\nof this article is served on the accused or on defense counsel. The\nconvening authority or other person taking such action, for good cause,\nmay extend the period for such filing by not more than thirty days.\n (b) The accused may withdraw an appeal at any time.\n (c) A waiver of the right to appellate review or the withdrawal of an\nappeal under this section bars review under section 130.65 or 130.68 of\nthis article.\n