N.Y. Military Law Section 130.44
Former jeopardy

(a)

No person shall without his consent, be tried a second time by a civil court or a military court of the state for the same offense.

(b)

No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(c)

A proceeding which, subsequent to the introduction of evidence but prior to a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this section.

Source: Section 130.44 — Former jeopardy, https://www.­nysenate.­gov/legislation/laws/MIL/130.­44 (updated Sep. 22, 2014; accessed Jan. 31, 2026).

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Verified:
Jan. 31, 2026

Last modified:
Sep. 22, 2014

§ 130.44. Former jeopardy's source at nysenate​.gov

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