N.Y. Military Law § 130.29: Absent and additional members

§ 130.29. Absent and additional members. (a) No member of a general

or special court-martial shall be absent or excused after court has been

assembled for the trial of the accused except for physical disability or

as a result of a challenge or by order of the convening authority for

good cause.

(b) Whenever a general court-martial other than a general

court-martial composed of a military judge only is reduced below five

members, the trial shall not proceed unless the convening authority

appoints new members sufficient in number to provide not less than five

members. The trial may proceed with the new members present after the

recorded evidence previously introduced before the members of the court

has been read to the court in the presence of the military judge, the

accused, and counsel for both sides.

(c) Whenever a special court-martial, other than a special

court-martial composed of a military judge only, is reduced below three

members, the trial shall not proceed unless the convening authority

appoints new members sufficient in number to provide not less than three

members. The trial shall proceed with the new members present as if no

evidence had previously been introduced at the trial, unless a verbatim

record of the evidence previously introduced by the members of the court

or a stipulation thereof is read to the court in the presence of the

military judge, if any, the accused, and counsel for both sides.

(d) If the military judge of a court-martial composed of a military

judge only is unable to proceed with the trial because of physical

disability, as a result of a challenge, or for other good cause, the

trial shall proceed, subject to any applicable conditions of section

130.16 of this chapter, after the detail of a new military judge as if

no evidence had previously been introduced, unless a verbatim record of

the evidence previously introduced or a stipulation thereof is read in

court in the presence of the new military judge, the accused, and

counsel for both sides.