N.Y. Military Law § 130.32: Investigation

§ 130.32. Investigation. (a) No charge or specification shall be

referred to a general court-martial for trial until a thorough and

impartial investigation of all the matters set forth therein has been

made. This investigation shall include inquiries as to the truth of the

matter set forth in the charges, form of charges, and the disposition

which should be made of the case in the interest of justice and

discipline.

(b) The accused shall be advised of the charges against him and of his

right to be represented at such investigation by counsel. Upon his own

request he shall be represented by civilian counsel if provided by him

at his own expense, or military counsel of his own selection if such

counsel be reasonably available, or by counsel appointed by the adjutant

general. At such investigation full opportunity shall be given to the

accused to cross-examine witnesses against him if they are available and

to present anything he may desire in his own behalf, either in defense

or mitigation, and the investigating officer shall examine available

witnesses requested by the accused. If the charges are forwarded after

such investigation, they shall be accompanied by a statement of the

substance of the testimony taken on both sides and a copy thereof shall

be given to the accused.

(c) If an investigation of the subject matter of an offense has been

conducted prior to the time the accused is charged with the offense, and

if the accused was present at such investigation and afforded the

opportunities for representation, cross-examination, and presentation

prescribed in subdivision (b) of this section, no further investigation

of that charge is necessary under this section unless it is demanded by

the accused after he is informed of the charge. A demand for further

investigation entitled the accused to recall witnesses for further

cross-examination and to offer any new evidence in his own behalf.

(d) The requirements of this section shall be binding on all persons

administering this code, but failure to follow them in any case shall

not divest a military court of jurisdiction.