Laws of New York (Last Updated: November 21, 2014) |
MIL Military |
Article VII. CODE OF MILITARY JUSTICE |
Part 9. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL |
Section 130.71. Petition for a new trial
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At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a board of military review or before the governor, the state judge advocate shall refer the petition to the board of military review or governor for action. Otherwise the state judge advocate shall act upon the petition.