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New York · Through 2026-09-11

N.Y. Military Law § 130.34: Advice of staff judge advocate and reference for trial

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Where this section sits in the code
  1. Military Law
  2. Article 7. Code of Military Justice
  3. Part 6. Pre-trial Procedure

§ 130.34. Advice of staff judge advocate and reference for trial. (a)

Before directing the trial of any charge by general court-martial, the

convening authority shall refer it to the state judge advocate for

consideration and advice. The convening authority shall not refer a

charge to a general court-martial for trial unless he has found that the

charge alleges an offense under this code and is warranted by evidence

indicated in the report of investigation.

(b) If the charges or specifications are not formally correct or do

not conform to the substance of the evidence contained in the report of

the investigating officer, formal corrections and such changes in the

charges and specifications as are needed to make them conform to the

evidence may be made.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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