§ 130.68 — Review in the office of the state judge advocate

New York § 130.68

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

Text

§ 130.68. Review in the office of the state judge advocate. (a) The\nrecord of trial in each general court-martial that is not otherwise\nreviewed under section 130.65 of this article shall be examined in the\noffice of the state judge advocate if there is a finding of guilty and\nthe accused does not waive or withdraw his right to appellate review\nunder section 130.61 of this article. If any part of the findings or\nsentence is found to be unsupported in law or if reassessment of the\nsentence is appropriate, the state judge advocate may modify or set\naside the findings or sentence or both. If the state judge advocate so\ndirects, the record shall be reviewed by a board of military review\nunder section 130.65 of this article.\n (b) The findings or sentence, or both, in a court-martial case not\nreviewed under subdivision (a) of this section or under section 130.65\nof this article may be modified or set aside, in whole or in part, by\nthe state judge advocate on the ground of newly discovered evidence,\nfraud on the court, lack of jurisdiction over the accused or the\noffense, error prejudicial to the substantial rights of the accused, or\nthe appropriateness of the sentence. If such a case is considered upon\napplication of the accused, the application must be filed in the\ndivision of military and naval affairs legal office by the accused on or\nbefore the last day of the two-year period beginning on the date the\nsentence is approved under subdivision (c) of section 130.60 of this\narticle, unless the accused established good cause for failure to file\nwithin that time.\n