N.Y. Military Law 130.66 – Review by the governor
§ 130.66. Review by the governor. (a) The governor shall review the record in all cases reviewed by a board of military review and approved by the adjutant general in which, upon petition of the accused and on good cause shown, the governor grants such review.
Terms Used In N.Y. Military Law 130.66
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The accused may petition the governor for a review of a decision of the board of military review within sixty days from the earlier of:
(1) the date on which the accused is notified of the decision of the board of military review and the approval of the adjutant general; or
(2) the date on which a copy of the decision of the board of military review and the approval of the adjutant general, after being served on counsel of record for the accused (if any), is deposited in the United States mail for delivery by first class, certified mail to the accused, at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
(c) In any case reviewed by him, the governor may act only with respect to the findings and sentences as approved by the convening authority and as affirmed or set aside as incorrect in law by the board of military review. He may affirm only such findings of guilty in the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the governor sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence, and does not order a rehearing, he shall order that the charges be dismissed. If the governor has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.