N.Y. Military Law Section 130.52
Number of votes required

(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.

Source: Section 130.52 — Number of votes required, https://www.­nysenate.­gov/legislation/laws/MIL/130.­52 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 130.52’s source at nysenate​.gov

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