Laws of New York (Last Updated: November 21, 2014) |
MIL Military |
Article VII. CODE OF MILITARY JUSTICE |
Part 7. TRIAL PROCEDURE |
Section 130.52. Number of votes required
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(a) No person shall be convicted of any offense, except as provided in subdivision (b) of section 130.45 of this chapter, or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken. (c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge shall disqualify the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity shall be a determination against the accused. A tie vote on any other question shall be a determination in favor of the accused.