N.Y. Military Law § 130.27: Appointment of trial counsel and defense counsel

§ 130.27. Appointment of trial counsel and defense counsel. (a) For

each general and special court-martial the authority convening the court

shall appoint a trial counsel and a defense counsel, together with such

assistants as he deems necessary or appropriate. No person who has acted

as investigating officer, military judge, or court member in any case

shall act subsequently as trial counsel, assistant trial counsel, or,

unless expressly requested by the accused, as defense counsel or

assistant defense counsel in the same case. No person who has acted for

the prosecution shall act subsequently in the same case for the defense,

nor shall any person who has acted for the defense act subsequently in

the same case for the prosecution.

(b) Any person who is appointed as trial counsel or defense counsel in

the case of a general court-martial shall be a person who is a member of

the bar of this state.

(c) In the case of a special court-martial--

(1) if the trial counsel is qualified to act as counsel before a

general court-martial, the defense counsel appointed by the convening

authority shall be a person similarly qualified; and

(2) if the trial counsel is a judge advocate, or a legal officer, or a

member of the bar of a federal court or of the highest court of a state

of the United States, the defense counsel appointed by the convening

authority shall be one of the foregoing.