This text of New York § 130.63 (Review by a judge advocate) 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.
§ 130.63. Review by a judge advocate.
(a)Each case in which there\nhas been a finding of guilt that is not reviewed under section 130.65 or\n130.68 of this article shall be reviewed by a judge advocate under\nregulations of the adjutant general. A judge advocate may not review a\ncase under this subdivision if he has acted in the same case as an\naccuser, investigating officer, member of the court, military judge, or\ncounsel or has otherwise acted on behalf of the prosecution or defense.\nThe judge advocate's review shall be in writing and shall contain the\nfollowing:\n (1) Conclusions as to whether:\n (A) the court had jurisdiction over the accused and the offense;\n (B) the charge and specification stated an offense; and\n (C) the sentence was within the limits prescribed as a
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§ 130.63. Review by a judge advocate. (a) Each case in which there\nhas been a finding of guilt that is not reviewed under section 130.65 or\n130.68 of this article shall be reviewed by a judge advocate under\nregulations of the adjutant general. A judge advocate may not review a\ncase under this subdivision if he has acted in the same case as an\naccuser, investigating officer, member of the court, military judge, or\ncounsel or has otherwise acted on behalf of the prosecution or defense.\nThe judge advocate's review shall be in writing and shall contain the\nfollowing:\n (1) Conclusions as to whether:\n (A) the court had jurisdiction over the accused and the offense;\n (B) the charge and specification stated an offense; and\n (C) the sentence was within the limits prescribed as a matter of law.\n (2) A response to each allegation of error made in writing by the\naccused.\n (3) If the case is sent for action under subdivision (b) of this\nsection, a recommendation as to the appropriate action to be taken and\nan opinion as to whether corrective action is required as a matter of\nlaw.\n (b) The record of trial and related documents in each case reviewed\nunder subdivision (a) of this section shall be sent for action to the\nperson exercising general court-martial jurisdiction over the accused at\nthe time the court was convened (or to that person's successor in\ncommand) if:\n (1) the judge advocate who reviewed the case recommends corrective\naction;\n (2) the sentence approved under subdivision (c) of section 130.60 of\nthis article extends to dismissal, a bad-conduct or dishonorable\ndischarge or any confinement; or\n (3) such action is otherwise required by regulations of the adjutant\ngeneral.\n (c) (1) The person to whom the record of trial and related documents\nare sent under subdivision (b) of this section may:\n (A) disapprove or approve the findings or sentence, in whole or in\npart;\n (B) remit, commute, or suspend the sentence in whole or in part;\n (C) except where the evidence was insufficient at the trial to support\nthe findings, order a rehearing on the findings, on the sentence, or on\nboth; or\n (D) dismiss the charges.\n (2) If a rehearing is ordered but the convening authority finds a\nrehearing impracticable, he shall dismiss the charges.\n (3) If the opinion of the judge advocate's review under subdivision\n(a) of this section is that corrective action is required as a matter of\nlaw and if the person required to take action under subdivision (b) of\nthis section does not take action that is at least as favorable to the\naccused as that recommended by the judge advocate, the record of trial\nand action thereon shall be sent to the state judge advocate for review\nunder section 130.68 of this article.\n