New York § 130.66 Review by the governor

New York Statutes

§ 130.66 — Review by the governor

New York § 130.66

Law MILMilitary

Part 9Post-trial Procedure and Review of Courts-martial

Art. 7Code of Military Justice

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Bluebook

N.Y. Military § 130.66 (2026).

Text

§ 130.66. Review by the governor.

(a)The governor shall review the\nrecord in all cases reviewed by a board of military review and approved\nby the adjutant general in which, upon petition of the accused and on\ngood cause shown, the governor grants such review.\n (b) The accused may petition the governor for a review of a decision\nof the board of military review within sixty days from the earlier of:\n (1) the date on which the accused is notified of the decision of the\nboard of military review and the approval of the adjutant general; or\n (2) the date on which a copy of the decision of the board of military\nreview and the approval of the adjutant general, after being served on\ncounsel of record for the accused (if any), is deposited in the United\nStates mail for delivery by

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§ 130.66. Review by the governor. (a) The governor shall review the\nrecord in all cases reviewed by a board of military review and approved\nby the adjutant general in which, upon petition of the accused and on\ngood cause shown, the governor grants such review.\n (b) The accused may petition the governor for a review of a decision\nof the board of military review within sixty days from the earlier of:\n (1) the date on which the accused is notified of the decision of the\nboard of military review and the approval of the adjutant general; or\n (2) the date on which a copy of the decision of the board of military\nreview and the approval of the adjutant general, after being served on\ncounsel of record for the accused (if any), is deposited in the United\nStates mail for delivery by first class, certified mail to the accused,\nat an address provided by the accused or, if no such address has been\nprovided by the accused, at the latest address listed for the accused in\nhis official service record.\n (c) In any case reviewed by him, the governor may act only with\nrespect to the findings and sentences as approved by the convening\nauthority and as affirmed or set aside as incorrect in law by the board\nof military review. He may affirm only such findings of guilty in the\nsentence or such part or amount of the sentence, as he finds correct in\nlaw and fact and determines, on the basis of the entire record, should\nbe approved. In considering the record, he may weigh the evidence, judge\nthe credibility of witnesses, and determine controverted questions of\nfact, recognizing that the trial court saw and heard the witnesses. If\nthe governor sets aside the findings and sentence, he may, except where\nthe setting aside is based on lack of sufficient evidence in the record\nto support the findings, order a rehearing. If he sets aside the\nfindings and sentence, and does not order a rehearing, he shall order\nthat the charges be dismissed. If the governor has ordered a rehearing,\nbut the convening authority finds a rehearing impracticable, he may\ndismiss the charges.\n