N.Y. Military Law Section 130.59
Error of law

  • lesser included offense

(a)

A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b)

Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the findings as includes a lesser included offense.

Source: Section 130.59 — Error of law; lesser included offense, https://www.­nysenate.­gov/legislation/laws/MIL/130.­59 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 130.59’s source at nysenate​.gov

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