N.Y. Military Law 130.63 – Review by a judge advocate
§ 130.63. Review by a judge advocate. (a) Each case in which there has been a finding of guilt that is not reviewed under section 130.65 or 130.68 of this article shall be reviewed by a judge advocate under regulations of the adjutant general. A judge advocate may not review a case under this subdivision if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
Terms Used In N.Y. Military Law 130.63
- Allegation: something that someone says happened.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;
(10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;
(11) "Code" means article seven of this chapter;
(12) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See N.Y. Military Law 130.1 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Conclusions as to whether:
(A) the court had jurisdiction over the accused and the offense;
(B) the charge and specification stated an offense; and
(C) the sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subdivision (b) of this section, a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(b) The record of trial and related documents in each case reviewed under subdivision (a) of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person's successor in command) if:
(1) the judge advocate who reviewed the case recommends corrective action;
(2) the sentence approved under subdivision (c) of section 130.60 of this article extends to dismissal, a bad-conduct or dishonorable discharge or any confinement; or
(3) such action is otherwise required by regulations of the adjutant general.
(c) (1) The person to whom the record of trial and related documents are sent under subdivision (b) of this section may:
(A) disapprove or approve the findings or sentence, in whole or in part;
(B) remit, commute, or suspend the sentence in whole or in part;
(C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
(D) dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.
(3) If the opinion of the judge advocate's review under subdivision (a) of this section is that corrective action is required as a matter of law and if the person required to take action under subdivision (b) of this section does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the state judge advocate for review under section 130.68 of this article.