§ 130.69 — Execution of sentence; suspension of sentence

New York § 130.69

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

Text

§ 130.69. Execution of sentence; suspension of sentence. (a) If in\nthe case of a commissioned officer, the sentence of a court-martial\nextends to dismissal, that part of the sentence providing for dismissal\nmay not be executed until approved by the adjutant general. In such a\ncase, the adjutant general may commute, remit, or suspend the sentence,\nor any part of the sentence, as he sees fit.\n (b) (1) If a sentence extends to dismissal, or a dishonorable or\nbad-conduct discharge or any confinement and if the right of the accused\nto appellate review is not waived, and an appeal is not withdrawn under\nsection 130.61 of this article, that part of the sentence extending to\ndismissal, or a dishonorable or bad-conduct discharge or any confinement\nmay not be executed until there is a final judgment as to the legality\nof the proceedings (and with respect to dismissal, approval under\nsubdivision (a) of this section). A judgment as to legality of the\nproceedings is final in such cases when review is completed by the board\nof military review with the approval of the adjutant general and:\n (A) the time for the accused to file a petition for review by the\ngovernor has expired and the accused has not filed a timely petition for\nsuch review and the case is not otherwise under review by the governor;\n (B) such a petition is rejected by the governor; or\n (C) review is completed in accordance with the judgment of the\ngovernor.\n (2) If a sentence extends to dismissal or a dishonorable or\nbad-conduct discharge or any confinement and if the right of the accused\nto appellate review is waived, or an appeal is withdrawn, under section\n130.61 of this article, that part of the sentence extending to dismissal\nor a bad-conduct or dishonorable discharge or confinement may not be\nexecuted until review of the case by a judge advocate (and any action on\nthat review) under section 130.63 of this article is completed. Any\nother part of a court-martial sentence may be ordered executed by the\nconvening authority or other person acting on the case under section\n130.60 of this article when approved by him under such section.\n (c) The convening authority or other person acting on the case under\nsection 130.64 of this article may suspend the execution of sentence or\npart thereof.\n