§ 130.70 — Vacation of suspension

New York § 130.70

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

Text

§ 130.70. Vacation of suspension. (a) Before the vacation of the\nsuspension of a special court-martial sentence which as approved\nincludes a bad-conduct discharge or any court-martial sentence which\nincludes confinement or of any general court-martial sentence, the\nofficer having special court-martial jurisdiction over the probationer\nshall hold a hearing on the alleged violation of probation. The\nprobationer shall be represented at the hearing by counsel if he so\ndesires.\n (b) The record of the hearing and the recommendations of the officer\nhaving special court-martial jurisdiction shall be sent for action to\nthe officer exercising general court-martial jurisdiction over the\nprobationer. If he vacates the suspension, any unexecuted part of the\nsentence, except a dismissal, shall be executed, subject to applicable\nrestrictions in subdivision (b) of section 130.68 of this article. The\nvacation of the suspension of a dismissal is not effective until\napproved by the adjutant general.\n (c) The suspension of any other sentence may be vacated by the\nauthority competent to convene, for the command in which the accused is\nserving or assigned, a court of the kind that imposed the sentence.\n