§ 130.22 Who may convene general courts-martial
§ 130.23 Who may convene special courts-martial
§ 130.24 Who may convene summary courts-martial
§ 130.25 Who may serve on courts-martial
§ 130.26 Military judge of a general court-martial or special court-martial
§ 130.27 Appointment of trial counsel and defense counsel
§ 130.28 Appointment of reporters and interpreters
§ 130.29 Absent and additional members

Terms Used In New York Laws > Military > Article 7 > Part 5 - Appointment and Composition of Courts-martial

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • General village election: means the annual or biennial election for village officers. See N.Y. Election Law 15-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Oath: A promise to tell the truth.
  • Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;

    (2) "Officer" means a commissioned officer including a commissioned warrant officer;

    (3) "Superior officer" means an officer superior in rank or command;

    (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;

    (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;

    (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;

    (7) "Military court" means a court-martial, a court of inquiry, a provost court;

    (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
  • Publish: means that any notice or resolution required to be published by a village shall be so printed within the time required in the law requring publication in the official newspaper of the village, or if none, one of general circulation within the village. See N.Y. Election Law 15-102
  • Special village election: means any election of village officers, other than, the general village election. See N.Y. Election Law 15-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Village election: means and includes both general and special village elections for officers. See N.Y. Election Law 15-102