N.Y. Military Law 130.69 – Execution of sentence; suspension of sentence
§ 130.69. Execution of sentence; suspension of sentence. (a) If in the case of a commissioned officer, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the adjutant general. In such a case, the adjutant general may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit.
Terms Used In N.Y. Military Law 130.69
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
(b) (1) If a sentence extends to dismissal, or a dishonorable or bad-conduct discharge or any confinement and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under section 130.61 of this article, that part of the sentence extending to dismissal, or a dishonorable or bad-conduct discharge or any confinement may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to dismissal, approval under subdivision (a) of this section). A judgment as to legality of the proceedings is final in such cases when review is completed by the board of military review with the approval of the adjutant general and:
(A) the time for the accused to file a petition for review by the governor has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by the governor;
(B) such a petition is rejected by the governor; or
(C) review is completed in accordance with the judgment of the governor.
(2) If a sentence extends to dismissal or a dishonorable or bad-conduct discharge or any confinement and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 130.61 of this article, that part of the sentence extending to dismissal or a bad-conduct or dishonorable discharge or confinement may not be executed until review of the case by a judge advocate (and any action on that review) under section 130.63 of this article is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 130.60 of this article when approved by him under such section.
(c) The convening authority or other person acting on the case under section 130.64 of this article may suspend the execution of sentence or part thereof.