§ 130.41. Challenges. (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

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Terms Used In N.Y. Military Law 130.41

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) Each accused and trial counsel shall be entitled to one peremptory challenge, but the military judge shall not be challenged except for cause, and if the president of a special court-martial is a member of the bar of this state, he shall not be challenged except for cause.