N.Y. Military Law 130.68 – Review in the office of the state judge advocate
§ 130.68. Review in the office of the state judge advocate. (a) The record of trial in each general court-martial that is not otherwise reviewed under section 130.65 of this article shall be examined in the office of the state judge advocate if there is a finding of guilty and the accused does not waive or withdraw his right to appellate review under section 130.61 of this article. If any part of the findings or sentence is found to be unsupported in law or if reassessment of the sentence is appropriate, the state judge advocate may modify or set aside the findings or sentence or both. If the state judge advocate so directs, the record shall be reviewed by a board of military review under section 130.65 of this article.
Terms Used In N.Y. Military Law 130.68
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- 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.
(b) The findings or sentence, or both, in a court-martial case not reviewed under subdivision (a) of this section or under section 130.65 of this article may be modified or set aside, in whole or in part, by the state judge advocate on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the division of military and naval affairs legal office by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under subdivision (c) of section 130.60 of this article, unless the accused established good cause for failure to file within that time.