§ 130.67. Review counsel. (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge or of a sentence to any confinement the accused shall have the right to be represented by counsel before the reviewing authority, the staff judge advocate or legal officer, as the case may be, and before the state judge advocate.

Terms Used In N.Y. Military Law 130.67

  • 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
  • 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

(b) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the organized militia or on the state reserve list or the state retired list, if available, to represent the accused before the reviewing authority, the staff judge advocate, or legal officer, as the case may be, and before the state judge advocate, in the review of cases specified in subdivision (a) of this section.

(c) An accused entitled to be so represented may be represented before the reviewing authority, the staff judge advocate or legal officer, as the case may be, and before the state judge advocate, by civilian counsel if provided by him.

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